回複:請問8老師。PERM 申請中,如果公司被收購。

來源: 2013-06-10 19:26:29 [博客] [舊帖] [給我悄悄話] 本文已被閱讀:

PERM 申請中,如果公司被收購。需要重新申請麽?
 -No. DOL will audit the PERM in this case. Then, the petitioner (employer)  need to show that the new or merged company is a successor in interest of the original company in the event of an audit.

PERM 批準後呢?
-Then, just file I-140.

Whether a merger happens before, during, or after approval of a PERM petition, an employer must be prepared to document the successor in interest requirements to the USCIS when submitting an I-140. Even if the employer has previously satisfied the Department of Labor (DOL) requirement that a successor in interest relationship exists, similar evidence will still need to be given to the USCIS in support of a filed I-140.


I140 和 485 的申請過程中 被收購呢 ?
-If the I-485 has been filed and been pending, do nothing unless USCIS send you RFE. If the merger occurs after I-140 filing, but I-485 is not filed yet, the new employer needs to file an I-140 amendment to take over the pending I-140 or approved I-140.