H1B issue ( when company "A" succeded by "B" )

[rajubuthi]

Hello ALL,
I worked with company "A" who hold my H1B and recently, company "B" succeeded company "A".

As per the attorny, the company doesn't have to file my new H1B as company "B" is a successor of company "A".
My question is:

1. Will it create any problem if I do not have a new H1B with co. "B" ?
2. When I go to India for visa stampping next time, as my I-797 is originally filed by "A", and I will carry pay stubs from company "B", will that create any problem or should I carrry any extra documents?


Thanks in advance for the info..

-Raju

[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)).

[orion]

Good info txh1b. Thanks.