Do I have to file H1b transfer from ABC to XYZ?

[dreams1112]

I am working as a PT in Out-Patient clinic on H1b visa.

On my I-797 Company name is ABC but now employer is changing the company name from ABC to XYZ and will use different tax ID. My job duties & place will remain the same but they will issue the pay check with new company name XYZ.

Do I have to file H1b transfer from ABC to XYZ?

[shervin143]

Read the section "Exemptions from filing amended petitions" in the below link.

https://www.immihelp.com/h1b-petition-amendment/

[dreams1112]

thanks shervin143.

Employer & Name of company is the same?

On my I-797 only company name ABC is mentioned not a employer name & I am getting pay with company name ABC.

In my case my employer has 2 company ABC & XYZ with 2 different Tax ID (FEIN) and now he is closing one (ABC) by which he filed my H1b and transfer all employee, data & assets to company XYZ. My work location & duties will remain the same.

Do I have to file H1b transfer as my I-797 company name & FEIN is change or
file amendment or
Public Notarized Letter

Thanks

[shervin143]

Well, then it is not just he name change. Two different companies were operating at the same time. The one that were working is closed and all employees are moved to a different one. Right? It is advisable to file the transfer in this case. If it is a name change, then an amendment is not required. Do consult a immigration attorney to get more clarification.

thanks shervin143.

Employer & Name of company is the same?

On my I-797 only company name ABC is mentioned not a employer name & I am getting pay with company name ABC.

In my case my employer has 2 company ABC & XYZ with 2 different Tax ID (FEIN) and now he is closing one (ABC) by which he filed my H1b and transfer all employee, data & assets to company XYZ. My work location & duties will remain the same.

Do I have to file H1b transfer as my I-797 company name & FEIN is change or
file amendment or
Public Notarized Letter

Thanks

[dreams1112]

thanks shervin143,

Company's lawyer send me the attach paper to review. He suggests to prepare a letter mentioning Company XYZ is taking all responsibilities of company ABC including H1b before its close.

[shervin143]

In case of a Mergers or Acquisitions, there is no need to file a new H1B petition. The documents mentioning that the new company is taking over the old one will be good enough. But you need to get the acquisitions documents from the lawyers. Not sure why the company is asking you to prepare it.

thanks shervin143,

Company's lawyer send me the attach paper to review. He suggests to prepare a letter mentioning Company XYZ is taking all responsibilities of company ABC including H1b before its close.