Travelling out of US on H1B

[seenu_bpl]

I am on H1-B visa recently my company got acquired and filed for my H1-B amendment, basically change of company name etc job profile and title remains the same. I have not yet received the approval notice it is still in process. Now my company wants me to travel out of US for business in the month of May 2009. It so happens that my stamped visa has expired, so I believe I will have to get a new H1B visa stamped,which I cant do without the approval notice.
Also while I am travelling can my wife stay in US i might be out of county for a weeks period.
The second part of the question is, my wife is on H4 visa and has applied for h1-b for 2010 so will my traveling out of US impact her H1B visa before (selection) or after approval as the approval process would still be going on while I travel and if approved would there be any complications later on while she goes for her stamping.

[Subramanya]

I am on H1-B visa recently my company got acquired and filed for my H1-B amendment, basically change of company name etc job profile and title remains the same. I have not yet received the approval notice it is still in process. Now my company wants me to travel out of US for business in the month of May 2009. It so happens that my stamped visa has expired, so I believe I will have to get a new H1B visa stamped,which I cant do without the approval notice.

---- Yes, you will need the approval notice to get a visa stamped

Also while I am travelling can my wife stay in US i might be out of county for a weeks period.

---- Yes

The second part of the question is, my wife is on H4 visa and has applied for h1-b for 2010 so will my traveling out of US impact her H1B visa before (selection) or after approval as the approval process would still be going on while I travel and if approved would there be any complications later on while she goes for her stamping

---- Her H1 is an idependent application and another candidate for H1. Your travelling will have nothing to do with her H1

Subramanya

[txh1b]

Mergers or acquisitions do not need a new LCA or petition for H1b as long as the interests of prior company are assumed by the new company and the job requirements for the alien remains the same after the change.

The current I797 with a note from the company on a letterhead worked for us in similar situation for stamping.

For stamping purpose, a mere letter from the new employer mentioning this would suffice.

The legal authority related to this issue can be found in Section 214(c) of Nationality and Immigration Act (8 U.S.C. 1184(c)), which reads: "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." (See INA § 214 (c) (10)).