Curr Co. Spin off...H1-B/140 ammendment

rcodavali

Registered Users (C)
Hi,
My current company(say 'A' ) will be spinning off to another company (a totally new name/technology say 'B').

Possible scenarios:
- All the employees from 'A' might or might not be a part of 'B'.
- 'A' might totally cease to exist.
- 'A' might just exist on paper.
- The technology of 'A' might be bought by another company 'C' and some of the employees of 'A' might be a part of 'C'.

I am assuming in these cases both 'B' and 'C' will qualify for the 'succesor of interest of 'A''. 'B' will be effectively us they will give any documentation needed for this and 'C' will really be a succesor of interest of 'A'.

Now when this 'B' happens, I guess I will be receiving my next paycheck from 'B',

How does this holds me as at that time my H1-B will be with 'A'?
What is the time limit on ammending 'A' H1-B to 'B' H1-B?
What is the time limit on ammending 'A' 140 to 'B' 140?
I also have a secondary LC filed with 'A'(not approved yet), Can I ammend this too, what is the time limit?

thanks a lot guys.
-R
 
For successor-in-interest, the successor must take over "assets and liabilities" of the previous company. So it appears to me that the only case that may qualify (for the purpose of 140/485) as successor of interest is where A ceases to exist and B assumes all employees, assets, debts of A.

~T
 
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