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

Baton Rouge, LA |

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

Attorney Answers 3

Posted

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.

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David Norman Simmons

David Norman Simmons

Posted

I agree with my colleague, Ms. Maiorova. However a state agency is unlikely to have access to in-house immigration counsel. If they do, take advantage of the fact.

Posted

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 retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. In addition, my answer does not create an attorney/client relationship.

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Posted

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 the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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