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H1b Visa Stamping

Discussion in 'General discussion about executive action' started by justice, Jun 11, 2015.

  1. justice

    justice Member

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    Ron,

    My employer recently was bought out by another employer. I have been with the original employer for almost 10 years now. I wanted to go to India for stamping and my current employer tells me that i dont have to do an amendment. I just got my H1 extended till 2017( under old employer). The new employer claims that just showing the 'sale deed' should suffice. would you agree?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In policy memo HQ 70/6.2.8, dated June 19, 2001, the immigration service instructed all field offices as follows:

    B. Public Law 106-396 -- Exemption of Certain Employers from Requirement to File Amended Petitions

    Under the provisions of this law, amended H-1B petitions are not required when the petitioning employer is involved in a corporate restructuring where:

    (a) the new corporate entity succeeds to the interests and obligations of the original petitioning employer; and

    (b) the terms and conditions of employment remain the same, except for the identity of the petitioner.​

    The eligible forms of corporate restructuring may include but are not limited to, mergers, acquisitions or consolidations. Forthcoming regulations will define the eligible forms of corporate restructuring, and the type of evidence required, including the manner in which that evidence should be submitted for extension of stay requests by the new corporate entity.

    The statute requires no affirmative action on the part of the employer in these corporate restructuring scenarios. In these instances, the previous approval and previously issued approval notice remain valid. Therefore, the Service will not issue amended approval notices bearing the new company name. Although not necessary, of an employer wishes to obtain an approval notice bearing the new company name, the appropriate procedure for obtaining a new approval notice will continue to be through the filing of an amended Form I-129 with fee. ​
     
  3. justice

    justice Member

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    Thanks Ron! It sounds like I should be OK.
     

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