Dr. William:

My I-485 application is pending at CSC, my current company's name will be changed due to restructuring.  Do you think I should I amend the I-140 to the USCIS office?

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A:

According to USCIS Memo On AC 21, corporate changes no longer require amendment of H-1 where the new employer is a "successor in interest" to the old one. USCIS has stated that in case of corporate restructuring, an amended H-1 petition will not be required. 

The law is still not clear for I-485 pending case. But for some INS office (like CSC), if company name or EIN number is changed, employer still needs to file I-140 amendment. For other Service Centers, this standard does not necessarily apply. We suggest you amend the I-140 to the USCIS.