H1 Situation

[sowjanya612]

Hello all,

Hope this mail finds you well.

Presently I am working for 'company B' ( which is a pert of company A), so 'company A' applied for my H1B application this April 2015 . I got picked in the lottery and got my H1B I-797 issued.

From Aug 1st 2015 ' Company B' - which used to be a part of company A is going to be on its own which is named as company C.

My H1B which is applied by company A is still in the approval process and I am trying to convert it to premium processing.

What are the different ways I can consider in this situation to maintain my legal status in US

Thank you

Regards

[shervin143]

Your post is very confusing. You have mentioned that you got your H1B I-797 issued (which is the approval notice). Then you have also mentioned that your H1B applied by Company A is still in the approval process and you will convert it to premium to get the result. Have you or have you not received your H1B approval notice?

If Company B will be a separate entity on its own and will no longer be an entity of Company A, then Company B will need to file your H1B transfer with proper documents showing that they were earlier with Company A and now a different company on its own. The transfer can be filed only after Company A's petition gets approved. Once the transfer is filed, you can begin working for Company B from Oct 1st.

Hello all,

Hope this mail finds you well.

Presently I am working for 'company B' ( which is a pert of company A), so 'company A' applied for my H1B application this April 2015 . I got picked in the lottery and got my H1B I-797 issued.

From Aug 1st 2015 ' Company B' - which used to be a part of company A is going to be on its own which is named as company C.

My H1B which is applied by company A is still in the approval process and I am trying to convert it to premium processing.

What are the different ways I can consider in this situation to maintain my legal status in US

Thank you

Regards

[kabkaba]

C can own the petition as 'successor in interest'. Their lawyers will know.

[shervin143]

That is true if the new firm is really a “successor-in-interest”. In such case there is no need to file an amended H-1B (transfer) for H1B. However, if the new firm is not a successor-in-interest, an amended H1B filing must be submitted to USCIS. These include filing a new Labor Condition Applications (LCA) prior to filing the H1B Petition.

So the question is:
Is Company B really a “successor-in-interest” of Company A? Check with your employer and company attorney.

From USCIS:
According to Section 214(c) of the Immigration and Nationality Act: “An amended H-1B petition shall not be required where the petitioning employer is involved in a corporate restructuring, including but not limited to a merger, acquisition, or consolidation, where a new corporate entity succeeds to the interests and obligations of the original petitioning employer and where the terms and conditions of employment remain the same but for the identity of the petitioner.”