Successor in interest

nsupi

Registered Users (C)
My I-140 approval that was the basis of my pending I-485 was filed by Company A. After filing the I-485 but before 180 days had elapsed, Company A went bankrupt and filed for chapter 11. Subsequently it was purchased by Company B AND Company C (some assets/products went to B some to C). Company B carried over my services from Company A. Company B says that they are NOT the "successor in interest" of Company A. Do I have to restart the green card processing from the very beginning in this case? I know the final regulations are not out yet, but do you think we can expect some \'relaxed\' regulations in response to this year\'s economic problems, mass layoffs, bankruptcies?

Also, what determines whether Company B is the successor in interest of Company A.
 
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nsupi,
Do not worry.
But,Your statements are not very clear. First you mentioned that after the company A (that filed your 485) went bankrupt, It was purchased by company B and company C. At the same time you said that company B is not successor in interest. How is it possible.
If company B buys company A it buys its assets and its liabilities.
Definitely there is still some info which you have not received. please
talk to some attorney who can explain your position and what documents are enough for you to claim continuity. The attorney can very easily prove yourcontinuity.
I saw this problem with my friend who was an employee with the company where I worked as a consultant. He was on H1 and the company was bought by another company. He went to the company\'s attorney and the attorney based on some documents submitted, got an approval letter from INS that he can continue to work the new management.
 
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