L1B amendment on business unit merger

[Suresh.Angadi]

I am currently working in the US on a blanket L1-B, for company "A" (as part of one of their business units). I came here in Aug 2016, before which I was working for company A's branch office in Bangalore, India (in the corresponding business unit that I am a part of, here in the US). I recently even renewed by L1-B blanket petition from company A, to be valid for another two years (till May 2021). In the meantime, it turns out that only my business unit in company A is going to be merged with another company B. Company B is also absorbing just the business unit of company A, located in Bangalore (from where I originally transferred, in 2016). Please note that company A will continue to exist in its current form, in both US and India, as it is. It is only my business unit that is being merged with company B, in both the countries. In this context, I wanted to understand if I can still continue on an L1-B status beyond the merger (it is supposed to be effective from July 1st 2019). If yes, does company B have to file a new L1 petition for me, or simply amend the existing blanket L1 petition from company A? Company B has overseas offices outside US, elsewhere in the world. My business unit in company A in India being merged, will henceforth be called as company B's branch office in Bangalore, India - but that will happen over a matter of 4-5 months, for the legal entity to actually get formed there.

The attorney at company B is not sure that the L1 can be ammended right away, since the India unit of company does B not exist yet and is asking me to go back to India. She is suggesting that the amendment can be done only after the India office is actually in place (even though company B has offices already outside the US).

Looking forward to hearing your expert suggestions.

Thanks,
Suresh Angadi

[Libra_14]

To the best of my knowledge, you can continue to work with Company B after filing the amendment. Better to consult an attorney.

[Suresh.Angadi]

Thank you for the response. Current attorney is saying that since there is no company B in India at this instant (it is in the process of getting formed, and may take months), the "qualifying relationship" no longer exists. However, I read that simply having an overseas presence for company B (and not necessarily in India) is good enough to satisfy the "qualifying relationship" requirement (which, company B already does).

Should I get a second opinion with a different attorney?

Thanks!

[Libra_14]

Thank you for the response. Current attorney is saying that since there is no company B in India at this instant (it is in the process of getting formed, and may take months), the "qualifying relationship" no longer exists. However, I read that simply having an overseas presence for company B (and not necessarily in India) is good enough to satisfy the "qualifying relationship" requirement (which, company B already does).

Should I get a second opinion with a different attorney?

Thanks!

The definition of "qualifying relationship" means applicant worked for a subsidiary or parent company outside USA before entering USA - so that thing still exists.

It worth trying with other attorney, or someone gone through this reads this & share his input.