H-1B Visa Stamping After Acquisition

[gaurav_jain12]

Hi,

I came US on H-1B visa by company A. Then I moved to another company B and got H-1B transferred to company B. But after that I never travelled to India and hence my stamped Visa still has name of Company A. But I have I-797 from company B. Now, company B is getting acquired soon and I am planning to travel India just after acquisition is complete. My Visa is still valid until June 2016. Now I have following questions:
1. Is it required to apply H-1B transfer from company B to company C?
2. Is it ok, if I go to India and apply for Visa transfer after coming back?
3. Can there be any issue while coming back because my Visa is still stamped with Company A?
4. Is it advisable in my situation to apply visa transfer before leaving for India and in the mean time I will back the transfer will be approved?


Thanks

[raghvi]

Hi,

I came US on H-1B visa by company A. Then I moved to another company B and got H-1B transferred to company B. But after that I never travelled to India and hence my stamped Visa still has name of Company A. But I have I-797 from company B. Now, company B is getting acquired soon and I am planning to travel India just after acquisition is complete. My Visa is still valid until June 2016. Now I have following questions:
1. Is it required to apply H-1B transfer from company B to company C?
2. Is it ok, if I go to India and apply for Visa transfer after coming back?
3. Can there be any issue while coming back because my Visa is still stamped with Company A?
4. Is it advisable in my situation to apply visa transfer before leaving for India and in the mean time I will back the transfer will be approved?


Thanks

Well you got to determine whether you would be on the payrolls of B Or C upon re entry to US. And the corresponding petition you should carry with you at the POE upon return.

1. Yes I would say so.
2. As I mentioned, if you are not carrying the petition of the employer who would be paying you salary open your return it could lead to issues.
3. I do not see an issue because of A stamping, but because of B and C's relation there could be issues upon re entry. You need to carry petition of B if you would be working for B after returning otherwise petition of C if you would be working for C upon return.
4. It is advisable first to talk to the HR, during mergers and acquisitions responsible companies do make provisions for H1 holders to transition smoothly. Also, advisable to file transfer/amendment in premium and once you get approval only then travel.

This is my opinion not legal advice.