Substituting one I-140 with another (after company buy-out): Inputs appreciated

C

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Registered Users (C)
My OR-based 140 was approved but my company was bought out after the
485 was filed. So I filed an NIW recently and it was approved. My 485 was
 RFE\'ed and now the VSC will know of the take-over. I want to ask them
to replace my OR-based 140 with my self-petitioned NIW. I want to hear
from anyone who\'s had experience with substituting 140s (I heard that VSC
allows this but have there been any refusals? I also believe that this may be a
 local rule but is not is a federal law yet). Any input is really appreciated.
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Thanks a lot Amir Khan. The document was *extremely* important.
It told me something that I think even my lawyer is not aware of
and would have ramifications on my RFE. Really appreciate your help.
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I was in the similar situation.
My 485 was filed in EB3 and I received a RFE. My current position was approved under a new 140 under EB2. So along with the RFE, my lawyers also passed the new I140 to be consistent with my current position with the company (that was mentioned on the letter from employer). Well, I just got the approval few days ago. Have yet to receive the letter, but I have heard the message more than a few times.

In any case, your lawyer is the expert in this area and should be the one to recommend the course of action.

Good Luck.
 
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Mp Sol The memo that Amir Khan pointed me to was a 2-page
memo issued in May 2000. It is a directive from the \'main office\' to the
field offices on how to perform I-140 substitutions. It is allowed
in most cases, but you cannot use your old PD if your 140s
are in different preference categories (which was the case for me: EB1-OR
& NIW). This is only MY interpretation, and I could be wrong. I am
in the process of checking with my lawyer. This could mean, in my case,
that I cannot use my NIW since the PD is mid-Nov and it is not yet
current. So, I am trying to decide: should I file the RFE and wait for a
second RFE (since my company was acquired after the 485 was filed) or
 wait a month and then respond to the RFE and use my NIW *if* Nov.
becomes current. Life can get complicated....eh?
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