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485 Rfe Successor In Interest Company Now

Discussion in 'AC 21 I-140 Portability' started by Srini777, Jul 1, 2014.

  1. Srini777

    Srini777 New Member

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    Dear Ron,
    Firstly thanks a LOT for helping us with your advice.
    Could you please help me with this situation.
    My priority date about to get current, company changed to "Successor in Interest" company:
    I was an employee of Comp A (my I-140 petitioning employer) from last 7 yrs until a couple of months back. The company has a 'Successor in Interest' Comp B now. I am on the payroll of Comp B from Feb 2014. Comp A still exists but I am not on their payroll anymore. The company B provided a 'Assumption of Liabilities' document.
    Could you please help me with my questions:
    1. Is this "Assumption of liabilities" document enough or I need to provide any additional documentation to support my case?
    2. Is there a risk or chance of any additional RFE's because of the change in employment situation?
    3. Is it a MUST that the company file an AC21, The company has not filed an AC21 to this date.
    4. Is an AC21 even needed in my case. No H1 amendment was filed and the company said its not needed. I am not changing to a totally new company.
    5. Can responding to this RFE with the change in my employment situation be considered equivalent to filing AC21?
    Thanks again in advance for your help,
    Warm regards,
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The proper procedure is to file a new I-140, establishing the new company as a legitimate successor in interest. Since the service center has your original PERM, you can file this via premium processing.

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