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genscn
11-15-2006, 08:58 PM
When company A merger with company B and become Entity A-B, is approved LC via PERM for company A still valid?

Also, is it required to file I-129 amendment for H1-B visa?

pappu
11-15-2006, 10:36 PM
When company A merger with company B and become Entity A-B, is approved LC via PERM for company A still valid?

Also, is it required to file I-129 amendment for H1-B visa?
As far as my experience goes in this subject there are several things to take into account before coming to an answer. You may want to mention
- did the company name change? which name was adoped A or B
- Did the location of your job change and you are now working in a different state?
- Has this merger impacted your job profile and responsibilities?
Unless something drastic has changed due to this merger, good lawyers should be able to justify the case in case of any RFE for I140.
I mistook your question for LC Perm approved through a previous company and you are applying for I140.
For H1B I129, it should be easy in my opinion. Just get a good lawyer.

genscn
11-15-2006, 10:55 PM
-Company name was A and after merger with company B, it will be A/B (i.e. both company name together). Since now payroll will be run by company B, even though both company name will be on paycheck (A/B), I believe tax ID will change.
-Location remains same.
-No change with job profile or responsibilities.
Now, Is I-129 amendment for H1-B visa required? Also, is previously approved LC valid to pursue I-140?

Thanks in advance for your response.

anilsal
11-16-2006, 12:03 AM
There should be no issues in your case. If you are going for H1B stamping, on the employment verification letter, do mention that a merger happened on some date.

They will issue a visa in the name of the company on the H1B approval.

anilsal
11-16-2006, 12:05 AM
An amendment for your H is typically when your job description changes or you change location. Good corporate lawyers typically make the job description so generic that there is no need for amendment when something changes.

small2006
11-16-2006, 09:04 AM
I was in the same situation about 2 yrs ago. My company (A) merged with B. Although it operates under the name A-B, my paycheck is still from B and for all practical purposes we are B. Also my job profile/duties did not change a bit. I am still what I was before the merger. Based on this my attorney advised not to amend H1B.

My GC however was filed after the merger and got my 140 approved without a hitch and recently I got my visa stamped also without a problem. As mentioned in an earlier post, make sure when you go for stamping that the employment letter mentions the merger story.

Bottom line: It really doesn't matter as long as your title/profile/duties remain the same.