On my H1 visa with a company, but we are getting absorbed into another company, what should be done next???

I am on my H1 visa with an agency in State government, but the IT section i work for is getting absorbed into a bigger agency as part of consolidation, so my question is "what should i do next?" 1. Should the new employer do H1 transfer (not the right term though) for me or 2. Will it be Ok, if i stay on my current H1, without any changes.. If any changes need to be done, what would those be, please help me out kindly. Thanks, Preddi

Baton Rouge, LA -

Attorney Answers (3)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

There are a lot of factors involved in such a "consolidation". It is best talk directly to an experienced immigration attorney. Please see

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all... more
Ksenia Alexandrovna Maiorova

Ksenia Alexandrovna Maiorova

Immigration Attorney - Orlando, FL
Answered

That depends on how the corporate restructuring is actually done and whether the new entity is a "successor in interest" to the old. Your company's immigration counsel should be able to advise you if any changes to your LCA are needed.

Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.
David Norman Simmons

David Norman Simmons

Immigration Attorney - Denver, CO
Answered

The best answer to this question is: "it depends." Generally speaking, new employer=new H-1B (it's conceptially like a change of status from H-1B to H-1B). However there are exceptions. The exceptions are highly situation-specific. Since you are the person who will be hurt most by a mistake, I highly recommendation getting a consultation from an experienced immigration attorney.

My response to your question is general in nature, as I don't know all of the facts of your case. You should... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.