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H1 B renewal - change in company name

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  • H1 B renewal - change in company name

    Hi,

    My current H1B visa was valid until Oct 2008 and I have receveid the new petition approval valid until Feb 2011. I work for a company which has few different manufacturing units. My earlier I-797 has the name of unit A as the petitioner and now the new I-797 has unit B name on it as petitioner. Both the units are under the same corporate umbrella and my job duties have not been changed. I will be travelling to India and have my visa interview during the last week of Dec 2008. Could someone help me,if this change in the company name be a problem? Any documents that would help me during the interview?

    thanks for your help.

  • #2
    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)).

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Sir,
      Thank you for the detailed explanation. This is very helpful.

      Comment

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