H1B Transfer/Successor in Interest

kitoko1982

New Member
I am currently working for company A under H1B visa. Company B recently bought all of Company A’s Assets. I am still working for Company A (doing clean-up work) but will be laid off shortly (within a month). Company B offered me a similar position.

I read that since Company B bought all the assets and runs a similar business they would be considered as "successor of interest”, therefore, we would not need to file a transfer with USCIS and a simple letter would be sufficient.

How does that work exactly? Can I travel with my old visa and the letter? What happens if later on Company A is dissolved? Cancel the visa?

I think that Company B is ready to sponsor me for the Green Card. I’m not sure that they would be ready to pay for the fees for the transfer AND the green card now. I would really like to start the Green card process as soon as possible since it takes so long. I understand that it might be better to file a transfer to be on the safe side but if I can save some of the fees it would be great.

Thank you so much for your feedback.
 
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