H1B Approved Before Merger

[rn408]

Hello!

I have a situation here. I recently got my H1B approved with a company A and it will be merging with a company B and is going to have a new company called C. Employees from company A and B are both going to work for the new company C. I am willing to travel to india to get my visa stamping done, since the merger hasn't happened yet and is tentative to happen by the end of Nov, is it still safe to go and get it stamped under the company A and come back before the merger happens? Should I wait for the merger to happen and then see if any H1b transfers are required?

I am not sure if this would jeopardize my status in the USA.

Thanks!

[shervin143]

Until the merger officially happens, you are still with employer A. So you can use their petition to get the H1B stamped. Since a merger is anticipated, get a letter from your employer about that and it can help if the VO questions about it.

[rn408]

So you're saying it is better to go before the merger officially happens and get it stamped with the company A's petition.

When a merger happens, how long does it usually takes to transfer the H1B to the new company? And if meanwhile one is allowed to work?

[shervin143]

No, I am not saying that. You can go for stamping before or after the merger and it will have no impact. Check the below thread which has more details.

http://www.immihelp.com/forum/showthread.php/93979-h1-Stamping-during-acquisition-of-Employer

So you're saying it is better to go before the merger officially happens and get it stamped with the company A's petition.

When a merger happens, how long does it usually takes to transfer the H1B to the new company? And if meanwhile one is allowed to work?

[rn408]

Is this information on mergers and acquisition anywhere available on the USCIS website? I tried finding an official source but couldnt. But I am assuming with the given information floating around that it should be okay to travel to get h1b stamped under these conditions.

Thanks very much for help, appreciate it.

[shervin143]

It should be available somewhere in the USCIS web site. You might have to search. I do not have the link.

Is this information on mergers and acquisition anywhere available on the USCIS website? I tried finding an official source but couldnt. But I am assuming with the given information floating around that it should be okay to travel to get h1b stamped under these conditions.

Thanks very much for help, appreciate it.