H1B签证申请和没有“继任的利益”自然合并或收购的公司变动

The No "Successor-in-interest" Nature for Corporate Changes by Merger or Acquisition

Question: 

I am in a unique situation. I have filed for my H1B through company A and pretty recently got a 3 year extension too. I also have an approved Labor and I-140 through them. This May the company had an asset only acquisition and is now operating under a new name and Employee ID. Since we are all open to file our I-485 I contacted my immigration lawyer and explained the company reorganization. At first the lawyer was claiming that we should file an Amended I-140 due to the reorganization.

My company lawyer informed my Immigration Lawyer that the new company has not taken over the liabilities of the old company, it only took over the assets. Now my immigration lawyer claims that I will have to transfer my H1B to the new company and move forward with my original I-485 application and then port after 180 days. I wanted to get a second opinion from someone on this board. 

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Answer:

An amended H-1B petition is required, if your current employer undergoes a manger or acquisition AND if the new company does NOT "succeed the interest and obligations of the petitioning employer", and your employment conditions have changed. The corporate changes by merger or acquisition with no "successor-in-interest" nature will have affect on the H1B employee's status.

For your case, your company lawyer informed your immigration lawyer that the new company has not taken over the liabilities of the old company, which means that the acquisition is not "succeed the interest and obligations of the petitioning employer", so your current employer needs to inform the USCIS for this changes which will affect your H1B status.

http://www.greencardapply.com/question/question13/question13_0609.htm

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