Merger, to Spin Out

J

Janie

New Member
I entered on an H1B Dec 97, my company merged with another, and I changed states from CA to AZ Mar 99, the company is now \'spinning out\' the software I am currently here on as an \'expert\', and the \'spin out\' wants me to go with them.

problem....

changing states in 99 meant the application went to zero again, as it was only originally filed in CA, the merger was then responsible for another filing countrywide (allegedly much swifter)...I am still waiting for change of status (Visa expires Aug 2003)......as its the same company with same software, but parting from the former merging company, any ideas as to whether Im totally screwed, and another filing might be required by the INS ????
 
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Janie:

Your posting is a little unclear. I think the way I understand your case to be is that the company that originally sponsored your H-1 was acquired by another and they transferred you to another site, perhaps where the acquiring company was located. They filed to move your H-1 status to their company? You\'re waiting for the approval? E-mail me and I\'ll try to clear up the issues for you.

Gabriel D. Jack
Attorney at Law
gjack@gabejack-law.com
 
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you certainly read my message better than i composed it.......
my original company (A) was in CA, i relocated after the merger to AZ. the company (B) now wants to spin out the software development side to another company (C) made up of the software developers from the \'originating company (A).

i am still waiting for approval having had to get an extn in Oct 2000, and my visa expires in 2003.

heres my understanding of various scenarios affecting my position

As i am still techincally supporting the same products, if i remain in the same company (A) under contract, until change of status whilst being paid as a contractor by the \'spin out\' company (C), will this affect my visa, even though i am doing the job i was originally hired for (A) but for company (C)........

if i am taken on by the spin out solely, i cannot start another application ?

if i am made redundant, i am out of the country in 15 days.....

if i get another job, i still cannot work past aug 2003.........and have to wait for a calendar year to reapply for entry to the US

appreciate your swift response
 
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perhaps with a swift rewrite, i can make it clearer still my question...

The company (a) that brought me over to the US merged with another company (b), the merged company then was renamed (c).

For business reasons all the (a) company is now being spun out or sold to another company - my job description or the products that I started with will not change, the big question is can the merged company (c) that is spinning us out hand over my application so the process can continue.

My current status is it is anticipated the RIR application should be complete in May and I should then be able to file the I140, the company spin out is anticipated for early April.
 
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