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  • AOS and New Employer (entity)

    I found out recently that in last 2-3 months, my employment has moved under a different entity within the organization, with a different name and tax Id number. I also have AOS pending with USCIS.

    I was wondering if H1B amendment is necessary at this time? The employer (parent) company is the same, my insurance, 401k, work location, everything is under the same company as well. The entity issuing my paycheck is different. The previous entity also exists, but the HR is not able to move me under my previous entity.

    I do not want to change employer at this time, and trigger some RFE on my AOS because of the mere change.

    The problem is that this has been a few months, and amending or filing concurrent H1B also requires pay stub from my old employer, but all that has already moved under the new employer few months ago. My company attorney tells me that this is only administrative and no changes are required. Now, they think it will be a problem and want to initiate my H1B amendment.

    Thanks.

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