L1 status

[ussinghhi]

Hi All,

I am currently working with big company A on L1 visa but now we are hearing the company being taken over
So in this situation what will be the status of L1 people under these situation
1.IF the name of the company changes then the visa automatically gets transfered to the other company who so every takes it over.
2.if the company name changes then we need to go for visa stamping as soon the the company name changes.
3. or it is possible to to utilize the time till the I-94 is valid as long as pay stubs are getting generated
4.will it be possible to extend I-94 for 240 days before it expires if the name changes and we get the letter from the company as long as there is the pay stubs are getting gernerated.
Please try to express your ideas regarding the visa cases dealt in cases of mergers and aquitsition.
Thanks

[ussinghhi]

L1 Status

Can any senior member throw light on these questions?

[txh1b]

1. Depends on a lot of factors with mergers and acquisitions and how it is handled. If the company is taking over all responsibilities including immigration, it is possible. The new company should also have offshore and US operations.
2. Again #1
3. Depends on 1.
4. Company Name does not matter. It depends on how the acquisition is handled.

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)).


Check with a lawyer.