friends please advise

2

2002desi

Member
Rd: OCT 1/01, ND:NOV 21/02, waiting....

My first h1 was issued overseas with company name "A". I started labor with company name "B". Company "B" had purchased Company "A" after (6 months) my arrival in USA. The anagement and locations etc remained same. I didn't change my h1 to company "B" when I started GC (truly I didn't know). I left company "B" to work for another company. But, I came back to continue GC with company "B" which was purchased by Company "C", but was doing business as Company "B".

Do you guys see any problem? Do you think INS will create problem for me or consider me out of status when I had filed papers with company "B". I am worried. Please advise and comments from your experiences. sorry for such a lengthy post. Thanks for your help in advance.
 
Take it easy. First of all IIO has no way of knowing you changed jobs from B to C ( unless you notified them). So if no RFE is generated for your case then it should be just another case.

But if an RFE is issued asking for Paystub etc.. you might have to prepare some document that company B is legally same as company A . (Also it would be better if you send them paystubs from company B only).

But its just one of the possible scenarios and overall it depends on IIO so you might want to prepare yourself for an RFE (if no RFE.. then for approval letter :))
 
paystub co.

you said, " ..but was doing business as Company "B". "

So, which co. is on the paystub? Even if it was bought by 'C', but doing business as 'B", they exist as 'B', and there is nothing to worry about.
 
thanks friends but here it is..

when we get H1 stamped in our passport overseas, it shows company "A" . Passport copy was sent to INS. Also, first H1 document had to be submitted to INS which shows company "A". But GC was filed with company "B" since then company "A" was functioning as company "B".

My paystubs with company "C" shows as Company "B". so, I am okay. I am just concerned about beginning scenerio. what do you think? thanks again for your help.
 
you might need a letter declaring that company B is legally same as company A ( I guess exact word is "legal heir" or something).

Again.. it all depends if you get an RFE, in that case you WILL NEED this document.
 
will ins??

will INS consider me out of status during that time? I can get a letter easily from the owner of company "A" saying that it was purchased by company "B". but my fear is that INS may consider me out of status? what do you think??
 
There is a fine line to figure out if you needed to renew H1 with company B . You don't have to renew H1 if its just a name change.

But I'm not sure if one needs to renew H1B if your company is bought out (you don't as long as company A continues to function as a separate entity).

So it all depends how IIO considers your case, if he assumes you were out of status.. then you were (none of us can help you here) and you will be fine by sending then a check for $1000.

But IIO might conisder you to be in status when he gets a letter from you stating that A and B are same entity.

talk to your lawyer if you have one. Gurus on this board may throw some more light on this and that also might help.
 
thanks vivekm

thank you friend. Lets see what happnes. I think Oct 01 is about 2 months away before our cases get picked up. I will await for their judgement and deal with it as it comes. I can't do anything.

Vivek, you have been a big help. Thanks. Hope, all of us get our approvals soon.

if anybody had similar experiences, please post.

I have a lawyer but he is useless. He didn't catch this. I caught it and am wondering. But, as well all know it depends on our luck, something, I don't have.
 
2001desi,

may be u can derive some info from my case.....

My company got bought over by another one. Lawyer filed for "succesor in interest" application with INS and my new company didn't file for my new H1b but I started using the EAD.

If u have an EAD, may be u can use that.
 
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