Urgent, Pls advice! Do I have to wait for I140 amendent approval before filing I485?

I

intuse2001

Registered Users (C)
my I140 (EB1-OR) was approved recently and my company was acquired last Sept. The tricky thing is that my company keeps original name and job function. Do I have to file I140 amendment and do I have to wait for approval before filing of I485? Thanks!
 
The amend I-140 has to be approved before I-485

You don\'t have to wait amend I-140 before apply I-485. You can use your old I-140 to file for I-485 since this is a company acquired case. But remember your amend I-140 has to be approved before you get I-485, so you have to arrange the filing date carefully. Check with your lawyer about this, they should know.
 
Thanks for your answer. Can you give me more details? It seems my lawyer

are not sure about this!! What do you mean to arrang the filing date? Do you know how long it takes for I140 amendment to be approved? The same time as I140?
 
No Title

To apply amend I-140 is like to regular I-140. I think right now it takes 3~6 months. There are several stages to go for AOS. You don\'t need the amend I-140 (you can file with the old I-140) in the earlier stage, but you will need it on the later stage.
If your lawyer don\'t have the experience to work on this kind of merger case, it\'s better to wait for the amend I-140 come out to do the next step.
 
kndn, Thank you so much for your answer! The last question...

As you know, the current market is so shakey. If I140 amendment takes another 6 months to process, I don\'t know what will happen. there are two questions I want to ask you if you have experience:

1. Suppose I apply I485 now or wait at most the receipt of I140 amendment, can I apply for I765, I131 using the old I140 approval notice? What do you mean I will need I140 amendment approval notice on the later stage? Who will request it? INS or...? If so, will it delay process more?

2. Another thing in my mind is, can I apply for EB-1 EA by myself now as a backup? Since it takes the same amount of time to process I140 amendment and new I140 petition, I can use my old filing documents to give a try. This is just a backup since I can\'t predict what will happen in six months. At least EB-1 EA does not depend on employment. Only thing is if I can do it or not since my EB-1 OR petition has been approved. Will it conflict with each other?

Thanks in advance!
 
No Title

I am applying through CP. Since our company also was acquired last year, I know a little bit about your case. You can apply I-485 with old I-140. However, when INS send the I-485 to you, they will also give you the date you get your green card number. Your amend I-140 has to be available at that time. Regarding other forms, I think will be O.K. if you can provide company merger document and vaild VISA.
I advise you to confirm these with some immigration lawyer before you decide how to do for your case. I think it is a popular case happened in recent months.
 
Thanks for your suggestion. Do you need I140 amendment approval for CP? In fact,

my company did H1B amendment for me after the merger. I guess I140 amendment will be related to company information rather than judging my qualification as OR ( my job function does not change after merger). I am wondering why can\'t I use H1B amendment approval for filing I485?
 
No Title

Yes, I am. For CP, I will need amend I-140 to setup my GC final interview schedule.
 
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