h1 Stamping during acquisition of Employer..

[S711]

My h1b was filed by my employer early this year and I received I-797 few months back as well. Few months back company A was acquired by another company B who is no filling another h1b petition, which I am not sure if it required.

I will be traveling to India for 3 weeks starting from 12th November 2011, and my visa appointment is scheduled for 14th November, 2011 for H1 Stamping.

Now My questions are,
1.what all documents will I need from my employer during h1 stamping?
2.what does my company need to do with my h1b which was approved under the name of acquired company.

[shervin143]

1.what all documents will I need from my employer during h1 stamping?
>>> https://www.immihelp.com/h1-visa-stamping-documents/

2.what does my company need to do with my h1b which was approved under the name of acquired company.
>>> Nothing. All that matters now is the new approval notice while you attend the visa interview.

[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.

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)).

[skr85]

H1b merger issue.

Hey s711,

I am exactly in the same situation as you and my company is getting merged and the lawyer says we do not need to file new H1b because of successor of interest. I am planning to go to india for stamping. did you have any issues in india while stamping?

[sri_h1b]

Hey s711,

I am exactly in the same situation as you and my company is getting merged and the lawyer says we do not need to file new H1b because of successor of interest. I am planning to go to india for stamping. did you have any issues in india while stamping?

Same situation with me....did anyone have any inputs on this? My scenario is...i already have stamping until end of next year with Company A and next month my wife will be going for stamping and i am not sure what should be the petitioner name in H4 Application..

Experts....any thoughts?