Company diversifing

[newbyte]

The company that I work for is diversifying on Jan 1st and moving most of its employees to a new division/company. According to our HR the name of the new company/division will have new name but similar to the earlier name

My scenario:
I have my H1B renewed (with old company name) but visa is not stamped. My I-140 was approved in Aug'07 (pd:dec 2006) and I have applied my I485 in Aug'07 and received my EAD in Sept (ap still pending).

My Questions:
1. Will I have problems getting my H1B renewal stamp at Canada or Mexico?
I will have new company's letter with supporting documents (the new company taking responsibility of old company's employees). I do not want to use my EAD/AC21 as I will be having dependent in March (getting married)

2. Will my GC processing be effected due to this change?

3. If I have issues with any of the above, what are my options?

My company HR says that they have consulted attorneys before taking this step and according to them nobody should be affected in any way. I am still not convinced if this is true and want to have second opinion on this.

Any comments or help on this is appreciated.

 

[vj66321]

Im in a situation similar to you, my attorney also said the same.

Mergers, acquizitions and spin outs are covered under 'successor of interest ' clause.

Theoritically your h1 and green card should not be affected as per the attorneys (yours n mine).

I will be presenting h1 extension papers soon with new company pay stub and old company approved petition, this will be the acid test.

I dont know how people at the consulate would respond, please share your experience.

 

[tammy2]

The company that I work for is diversifying on Jan 1st and moving most of its employees to a new division/company. According to our HR the name of the new company/division will have new name but similar to the earlier name

My scenario:
I have my H1B renewed (with old company name) but visa is not stamped. My I-140 was approved in Aug'07 (pd:dec 2006) and I have applied my I485 in Aug'07 and received my EAD in Sept (ap still pending).

My Questions:
1. Will I have problems getting my H1B renewal stamp at Canada or Mexico?
I will have new company's letter with supporting documents (the new company taking responsibility of old company's employees). I do not want to use my EAD/AC21 as I will be having dependent in March (getting married)

2. Will my GC processing be effected due to this change?

3. If I have issues with any of the above, what are my options?

My company HR says that they have consulted attorneys before taking this step and according to them nobody should be affected in any way. I am still not convinced if this is true and want to have second opinion on this.

Any comments or help on this is appreciated.

You need to amend your H1 before going for stamping.
Green card is may not be a problem because once six months are completed you are protected by the AC-21. But in such situation where original company goes out of service within six months (that means you do not standing offer once company goes out of the business) an I- 140 amendment is suggested.

 

[vj66321]

Green card is may not be a problem because once six months are completed you are protected by the AC-21. But in such situation where original company goes out of service within six months (that means you do not standing offer once company goes out of the business) an I- 140 amendment is suggested.

Here is what I learnt in my research:

If the new company can prove 'Successor of interest' clause, you dont need any change to your H1 and Green card that was approved or pending approval.

Read this and the links referred in this link: http://immigrationvoice.org/forum/showthread.php?t=4232

I dont know what it takes to get a H1 stamping at a consulate, having approved petition for the parent company and intending to or already working for the derived company.

Apart from my company attroney, another outside attorney also confirmed of no change required to GC papers including 140.

Keep me posted on your updates.