EB-2 India | Priority Date: Dec 2010 | PERM in Progress

[arkesona]

Case Context:

1. EB-2 India | Priority Date: Dec 2010
2. Planning to file Concurrent I-140 (premium) + I-485 filed with medicals + I-765 & I-131 after PERM is approved & by end of February
3. PERM (need to confirm that role is listed as remote at time of filing)
4. Company is in a pending acquisition with successor-in-interest confirmed by HR
5. No valid H-1B visa stamp but valid H1 till June 2026 (filing extension in Jan 2026 - premium); planning June international travel (1-2 weeks)

I have few questions, and could use your help.

1. PERM & I-140 Integrity (Successor-in-Interest)

• Under what conditions would you recommend an amended I-140 post-closing vs. relying on SII documentation?
• If the acquisition closes before 180 days of I-485 pending, is there any scenario where USCIS could deny the I-485 despite SII?

2. I-485 strategy & timing

• Given my PD and case profile, do you expect interview waiver or interview?
• Does the acquisition increase the chance of an RFE or interview, and if so, on what grounds?
• Are there any proactive filings (or responses) you recommend to minimize delays during acquisition review?

3. AC21 & Job Continuity

• After my I-485 has been pending 180 days, would you recommend filing Supplement J proactively, or only if requested?
• What exact job changes (title, team, reporting line) would still qualify as “same or similar” in my case?
• Is there any risk to AC21 portability given the remote PERM and acquisition context?

4. Location & Remote Work

• Since my PERM was filed as remote, can I change metro/state before or after 180 days with no immigration impact?
• Are there any state-level or tax-related immigration issues USCIS has recently scrutinized for remote workers?

5. EAD / Advance Parole & Travel

• Are current processing times consistent with AP approval by April–May if filed end of February?
• Do you see any risk to re-entry using Advance Parole given: No valid H-1B stamp, Pending acquisition and EB-2 India
• If my green card were approved while I am abroad on AP, what exact steps should I follow?

6. Risk Management & Contingencies

• What are the top 2–3 things that could realistically delay or derail my case at this stage?
• Under what circumstances would you advise not traveling internationally even with approved AP?
• If USCIS issues an RFE while I’m abroad, is that manageable without returning immediately?

7. Coordination with Company Counsel

• What should I ensure my company’s immigration counsel is doing (or not doing) during the acquisition?
• Are there red flags you’ve seen where company counsel unintentionally caused delays in SII cases?

8. Closing Question (Very Important)

• If this was your own case, would you do anything differently than what’s currently planned?