Company to split, Attorney says no H1 transfer required to work for new company, ????

[vj66321]

I have been working for my current company for 2+ years now. My team is being spun off as a new company , old company will hold some stake in it.

My parent company has also sponsored for my green card, 485 is pending (less than 180 days).

I have to move to the newly spun company along with others.

My Attorney says,

I dont need a H1 transfer to work for the new company since its a split from the parent company.

He says I can continue to work for the new company with the old H1 approval and stamp.

My Visa stamp and I -94 will expire in May 2008, I have 1 year more and 6 more months of recapture time left in my H1.

While applying for a H1 extension, attorney says we will explain the change to USCIS and that USCIS will accept this.

Can someone please comment on what the Attorney says. Will there be any impacts if I follow what he says?

 

[ginnu]

I have been working for my current company for 2+ years now. My team is being spun off as a new company , old company will hold some stake in it.

My parent company has also sponsored for my green card, 485 is pending (less than 180 days).

I have to move to the newly spun company along with others.

My Attorney says,

I dont need a H1 transfer to work for the new company since its a split from the parent company.

He says I can continue to work for the new company with the old H1 approval and stamp.
----but for new Company you dont have H1? your H1 is for A not for B
My Visa stamp and I -94 will expire in May 2008, I have 1 year more and 6 more months of recapture time left in my H1.

While applying for a H1 extension, attorney says we will explain the change to USCIS and that USCIS will accept this.
------------------Can he/she give the guarantee in writing to you? Ask for it. Few months back I read a case that because of the mistake of attorney one became out of status and had to leave US

Can someone please comment on what the Attorney says. Will there be any impacts if I follow what he says?

you have H1 of comany A and if A is going to pay you or A will be Generating pay Stub then i dont see problem but if B is going to pay you or B will be Generating pay stub for you then I see problem as you dont have H1 of B

 

[vj66321]

you have H1 of comany A and if A is going to pay you or A will be Generating pay Stub then i dont see problem but if B is going to pay you or B will be Generating pay stub for you then I see problem as you dont have H1 of B

Exactly, That's the situation I'm likely to get into.

I need to get my H1 extended later and I will be presenting my previous H1 petition with Company A's name. I will be providing Company B's pay stubs.

Attorney says, we can explain USCIS about the change and says rules are different when Company B was derived from Company A.

I'm confused and trying to find more info on this. Please help.

 

[ginnu]

Exactly, That's the situation I'm likely to get into.

I need to get my H1 extended later and I will be presenting my previous H1 petition with Company A's name. I will be providing Company B's pay stubs.

Attorney says, we can explain USCIS about the change and says rules are different when Company B was derived from Company A.

I'm confused and trying to find more info on this. Please help.

I will file H1 transfer though B and at the same time ask the extension and attach company A latest 2-3 pay stub copy at the time of filing H1 through B
FYI you can ask openion ofrom second lawyer so that you dont get trapped because of present attorney opinion. does the same lawyer represent A and B?

 

[vj66321]

yes, the same lawyer represents both companies A and B.

 

[snugjoint]

The key is whether the new company is qualified as a "successor-in-interest" of the old company. If this is a merger it's relatively simple because in most of the case the old company ceases to exist as a result of the merger, therefore the new company usually acquires all or substantial portion of the old company's assets, liabilities, interests and obligations. In your case the old company still exists and it's not immediately clear if the new company will assume all the old company's H-1B obligations.

If all the terms and conditions of your employment doesn't change except for the employer, it's not that difficult for an immigration practitioner to prepare and file a petition to change employer with USCIS. If you wish to maintain your H-1B status, you don't need to take chance by withholding a petition filing until next extension.

But you are already in the process of adjusting your status. I guess you won't have to be worried too much because soon you won't have to maintain your H-1B status.

 

[vj66321]

I guess you won't have to be worried too much because soon you won't have to maintain your H-1B status.

Thanks for your response.

Verbally I'm getting guarantee and confirmation from my employers and the attorney.

I would like to know if USCIS has any rules for a case such as mine. Can I call someone in USCIS to inquire?

I want to maintain my H1 B status even after getting my EAD.

 

[snugjoint]

Thanks for your response.

Verbally I'm getting guarantee and confirmation from my employers and the attorney.

I would like to know if USCIS has any rules for a case such as mine. Can I call someone in USCIS to inquire?.

Googling "corporate restructuring" "succesor in interest" "H-1B" should get you some reading material. I don't remember if this was a written rule or not, I think it was like a policy memo.

USCIS has a toll-free customer service #, but I don't know if the people who answer calls at this # are equipped with enough knowledge to anwer your question.

I want to maintain my H1 B status even after getting my EAD

Then the best course of action should be to have the company B file a petition.