When should I apply for Amended I-140 ?

[Bo Liu]

This is really urgent. Can anybody enlighten me?

Here is my story:
1. I filed I-140 under parent company B in Dec 1999.
2. My current company A spin off from the parent company B in March 2000.
3. My I-140 under Company B was approved in Dec 2000.
4. I filed my I-485 using my old I-140 under B on Feb 12, 2001.
5. RD: 2/12/2001. ND: 3/10/2001. AP: 4/30/2001. EAD: 5/9/2001. Now waiting for FP.
6. I just learned from this board that I need to file a new I-140 under Company A for I485.

What should I do? I can think of 3 choices:

1. Do nothing. Wait for RFE, then apply for Amended I-140. I read from this board that this is pretty fast.
2. Apply for new I-140. But do not withdraw my I-485. Wait for RFE and present the new I-140, if it\'s been approved at that time.
3. Apply for new I-140, and withdraw my current I-485. After my new I-140 is approved, file another I-485.

Please help!

Allen

 

[rkatta]

No Title

Safest approach is going with option 2. That is what I am doing as I might get RFE because of my company\'s name change. ND:04/16/01; EAD AD:05/29/01; Waiting for FP.

I have applied for Ammended 140 on 05/23/01.

-RK

 

[Bo Liu]

No Title

RK,

When did your company\'s name change? Is it after your RD or before RD? I heard if it\'s after RD, then you don\'t need to file Amended I-140. My case is before RD.

Best
BL