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Do I have to apply for new PERM?
Anonymous3 views3 answers
I was initally hired to company A, they processed my PERM and I140 in the same company. Later they changed all H1B employees to company B which is a DBA for A. My question is should I file for new PERM and I140 with company B or can I use my old I140 approval to file for I1485 when my priority date is current. If I have to file for new PERM, during the process of new PERM if dates become current can I explain the situation and file for I485?
An employee with approved I-140 where all H1B employees were change to company B which is a DBA for A does not require a new PERM. But, may require a new I-140.
If it's just a DBA, then it's still essentially the same company thus it shouldn't matter. However, there are regulations regarding name changes of entity such as the requirement of the employer to put the new name on form ETA 9089 and provide additional documentation regarding DBA. I would have an attorney review prior to moving forward.
Robert Louis BrownImmigration AttorneyCleveland, OH ·
From the information you have provided it does not appear that a new perm is required. However some updated information needs to be provided. Recommend you work with an immigration attorney.
