Thanks, teacher 8. We have an I-140 approved from company A, and later, company B bought the whole divivsion form Company A. So, they filed a new I140 based on the perm approved from company A. So, should we wait for the new I140 from company B to be approved and then do re-link?
-Yes. The new I-140 has to be approved to use the old I-140 priority date. You may ask Company B to use premium processing to get the I-140 approved in 15 days and then, you can use the old i-140 PD and then,, relink the I-485 to this new I-140.
or we can file re-link on Nov 1 based on I140 from company A? or file re-link on Nov 1 on I140 from company B even it is not approved yet?
Also, can we do the re-link ourself? or just wait USCIS do the re-link automatically?
-You need to write a letter to request USCIS to do the I-485 interfiling/relink from your I-140 to your spouse new I-140 when the new I-140 is approved. The I-140 from Company A can not be used to file I-485 or do I-485 relink because your spouse does not work for it anymore.
we are not sure whether the new company can extend the offer, in case they don't agree late start, can we just do re-link and leave the company one month later?
-You can not do anything before the new I-140 is approved because your PD is not current yet.
