H1 transfer/amendment when beneficiary outside of US.

[baby_mde]

Presently we are in US and we are going to home country for couple of weeks for vacation.

While we are in abroad, the company, which is acquired my present company, might apply H1 transfer/amendment.

My question is:

1. Can a company apply H1 transfer/amendment when beneficiary outside of US??
2. If they apply, does this create any problems at port of entry while entering to US?
3. If they apply do I have to carry any additional papers??

Please post you experience.



Thanks

 

[GotPR?]

Why does new merging company want to file amendment when it is not necessary.

Anyway, answering your question, you need to understand there is no difference between transfer/extension and brandnew petition(remember a lot of people was outside the US when they filed H1 for the first time). It's ALL new petition and it does not matter where you are. Difference between petition while you were in the US or abroad is whether you are gettng I-94 or not. THat is it.

Again, you dont' need amendment unless your employment condition gets changed. I thought there was CIS memo regarding this.

 

[baby_mde]

Why does new merging company want to file amendment when it is not necessary.

Anyway, answering your question, you need to understand there is no difference between transfer/extension and brandnew petition(remember a lot of people was outside the US when they filed H1 for the first time). It's ALL new petition and it does not matter where you are. Difference between petition while you were in the US or abroad is whether you are gettng I-94 or not. THat is it.

Again, you dont' need amendment unless your employment condition gets changed. I thought there was CIS memo regarding this.

You are right. I have gone through that memo. Yes, it is not required. But new company attorney looks like mad.

Got_PR,

I have one more question. We are going use advance parole before new company apply H1 amendment. we know that after using advance parole, our status becomes parole.

1. Because new company is applying H1 amendment, doed my status change to parole to H1??

2. After using AP, one can eligible to H1 amendment?? I know we can apply H1 transfer/H1 extension not sure about amendment.

 

[GotPR?]

1. Because new company is applying H1 amendment, doed my status change to parole to H1??

2. After using AP, one can eligible to H1 amendment?? I know we can apply H1 transfer/H1 extension not sure about amendment.

1. That is a good question but unfortunately I don't have a clear answer for it. Amendment is modifying the contents(in your case, company name) in petition and may have nothing to do with the status. Status should be dictated by I-94 which is obtained either at POE or with I-797 approval notice.
My bet is amendment will not establish new status, but I don't have concrete ground on this.

2. You should be able to file amendment anytime and anywhere if necessary. It should not matter where you are and what status you are on.

Lawyer probably could help you.

 

[rangolim]

Similar H1 acquisition travel situation

I am currently on H1b visa (have the I797 and visa stamped in passport).
My division in the company(companyA) is being acquired by another company(companyB). My job requirements and employment contracts remain as-is even after the acquisition by companyB.
The acquisition is expected to complete in April 1st week. companyB will assume all obligations regarding my employment from that time onwards.

My questions are these:

a) Do I need another H1b petition from companyB after or during the acquisition? (I-797 and/or I-129)?

b) Does companyB need to file any paper-work with immigration for my employment?

c) I plan to travel to India during the 4 weeks of April. I currently have the I-797 and I-129 filed by companyA and have the visa stamped. Would that be sufficient at the port-of-entry?

d) If companyB does file a petition of H1b, do I have to wait till I receive the new I-797 approval before travelling outside the US? Or would the receipt of filing the new H1b petition be sufficient?

Looking forward to your replies.
Thank you in advance.