My company transferred me to one of its closely located business units by applying an LCA.
Each business unit of the company has its own FEIN.
I am curious to know if they followed the correct method. Because, I believe that every business unit is an independent employer and requires a H1 B petition.
If you think that they followed wrong/ incorrect method.
Can you please advice me how to rectify this problem so that it will not negatively effect my future H1 B extensions and Green card processing.
You can present your ideas and thoughts to your employer and suggest that a second legal opinion be obtained to fully assess if their internal procedures comply with the federal regulations.
They do not require a separate petition but they do require to file an amendment LCA alone is not enough.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Was there an acquisition or merger between the two companies?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Your employer was correct to apply for a new LCA under the circumstances.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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