May be This Could Help
Its a Cut, Copy & Paste from this site :
If my company is bought by another company is my H-1B visa still valid?
A20 MERGER & ACQUISITION
The general rule regarding mergers used to be that if the employer A merges ALL assets and ALL liabilities into Employer B, then employer B can automatically take over all H-1's and green card applications. Nothing gets interrupted as long as the jobs and the geographical locations remain undisturbed.
The same situation obtains when B buys A with all its assets and liabilities.
As of July 2001, we should be able to continue the green card/H-1 process without interruption if the new employer takes on all rights and responsibilities with respect to employment and immigration of the employees and the jobs remain unchanged.
Otherwise, all immigration has to be done all over again usually.
NEW DIVISION
In case of creation of a new division within the same company, there is no problem, if the job locations, salaries and descriptions remain the same.
NEW ENTITY
If an entirely new corporation or entity is created, we might have to start H-1 and green cards all over again for those employees who are sent to the new entity.
Please have an attorney look over your specific transaction. BCIS(INS) has been getting progressively more generous in their interpretation of the law. .
(Updated on 09/22/03)
[Index] [Compiled by Law Offices of Rajiv S Khanna]
