same employer, new company

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od2004

New Member
Hi!! My PERM is approved and I'm self filing for I-140. My employer filed H1 under company A and due to changes in circumstances she registered her own company. Now I still work for her at the same location but under a new company. My job is same too. My former lawyer said this is not a problem bc my employer is still the same, the paychecks still come from the same person and didn't need to get new H1B. My question is do I need to explain this when I file for I-140? My 1-94 card states company A but same employer is petitioning under a new company name. My PERM is approved under new company too. Anyone with similar experience pls help.

od2004
 
od2004 said:
Hi!! My PERM is approved and I'm self filing for I-140. My employer filed H1 under company A and due to changes in circumstances she registered her own company. Now I still work for her at the same location but under a new company. My job is same too. My former lawyer said this is not a problem bc my employer is still the same, the paychecks still come from the same person and didn't need to get new H1B. My question is do I need to explain this when I file for I-140? My 1-94 card states company A but same employer is petitioning under a new company name. My PERM is approved under new company too. Anyone with similar experience pls help.

od2004
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Persons don't sponsor employment based greencards, employers (the business entity) do. I think you need to consult with a very good lawyer ASAP b/c, as far as I have understood your situation, you are getting paid by a business entity that did not sponsor your H1. GC is another issue b/c gc is for 'future' employment.
 
The new company would need to prove it is a successor in interest to the old company assuming assests and liability of old company.

Search for some of my old posts and also for a thread started by RajaYogi regarding compnay acquisition which gives some more idea.


od2004 said:
Hi!! My PERM is approved and I'm self filing for I-140. My employer filed H1 under company A and due to changes in circumstances she registered her own company. Now I still work for her at the same location but under a new company. My job is same too. My former lawyer said this is not a problem bc my employer is still the same, the paychecks still come from the same person and didn't need to get new H1B. My question is do I need to explain this when I file for I-140? My 1-94 card states company A but same employer is petitioning under a new company name. My PERM is approved under new company too. Anyone with similar experience pls help.

od2004
Click to expand...
 
Chicagodesi,
thanks for your advice. Actually my H1B was sponsored by manager of a business A but she now she has her own business in the same place. Nothing has changed, do you feel I have to get a new H1B? I raised the same concern with my former lawyer and she told me it is not a problem.
Bigbang2001, where can I access the former threads? Do u think I should provide proof of ownership from my employer for H1 or I-140 application. thanks in advance guys.
 
od2004 said:
Chicagodesi,
thanks for your advice. Actually my H1B was sponsored by manager of a business A but she now she has her own business in the same place. Nothing has changed, do you feel I have to get a new H1B? I raised the same concern with my former lawyer and she told me it is not a problem.

---Here is what I understand, 'business A' sponsored your H1, your manager was the person who signed the documents. If 'business A' fired your manager you'd still work for 'business A'. Now your manager has started a new company 'business B', if you want to work for 'business B', 'business B' has to sponsor your H1, no matter same person signed papers for 'business B'. It's your decision to trust your lawyer or not.

Furthermore, if this is a case of a company acquiring another then, I can'tsay much b/c I have little knowledge in this regards.

Bigbang2001, where can I access the former threads? Do u think I should provide proof of ownership from my employer for H1 or I-140 application. thanks in advance guys.
Click to expand...
 
You can search for earlier post using board "Search" button

Here is Rajayogi's thread
http://boards.immigration.com/showthread.php?t=145004

Embedded in it is my response which has some more information.

Your lawyer is best judge but take a second opinion from some other lawyer also. In general after transfer of ownership, a proof of successor in iinterest ( that is the term used by USCIS) is required. It is more stringent for I-140 than for H1.

od2004 said:
Chicagodesi,
thanks for your advice. Actually my H1B was sponsored by manager of a business A but she now she has her own business in the same place. Nothing has changed, do you feel I have to get a new H1B? I raised the same concern with my former lawyer and she told me it is not a problem.
Bigbang2001, where can I access the former threads? Do u think I should provide proof of ownership from my employer for H1 or I-140 application. thanks in advance guys.
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