I have got my H1-B visa stamped for Company X that is still not expired. Sometime back Company X changed my working hours, so did an H1-B amendment. Recently Company X got acquired by Company Y and the nature of acquisition (successor in interest) does not mandate any H1-B transfer or amendment as my work hours, job duties and work site's metropolitan statistical area are the same as the latest H1-B amendment by Company X. I need to travel out of USA and return. During the return I plan to show my H1-B VISA stamp (Company X) along with the latest H1-B amendment by Company X. I have the following questions at the Port of Entry:
1. When the Visa officer asks are you working for same employer; can I answer by saying I am working for Company Y that did a successor-in-interest acquisition of Company X? I plan to show the acquisition statement given to me by Company Y.
2. If the Visa officer does not ask anything (not sure if it happens) and just grants me permission to enter USA looking at my H1-B Visa stamp and H1-B amendment pertaining to Company X, then am I obligated to tell the officer about the merger? I mean not mentioning the merger cause issues with future travel?
I don't see why this cannot be addressed by the company attorney?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
A H1B employed by a successor in interest employer traveling abroad should carry documentation of the succession of interest employment for the port of entry Q&A.
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