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  #1 (permalink)  
Old 07-31-2007, 07:40 PM
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samiq is on a distinguished road
Default Urgent - I-797 for H1 stamping after acquisition

I have an I-797 with company A but it got acquired earlier this year. I have to go for stamping now and being told that an amendment needs to be filed so get get a new I-797 with Company B name. Anybody been through the acquisition process and got visa stamped without an amendment plz share ur experience. I thought I could go for visa stamping with the current I-797 and supporting legal acquisition document.

Thx
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  #2 (permalink)  
Old 07-31-2007, 07:57 PM
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legalguy is an unknown quantity at this point
Default

I dont think you need any amendment to the I 797. I think you only need the Successor of Intrest letter

Quote:
(10) An amended H–1B petition shall not be required where the petitioning employer is involved in a corporate restructuring, including but not limited to a merger, acquisition, or consolidation, where a new corporate entity succeeds to the interests and obligations of the original petitioning employer and where the terms and conditions of employment remain the same but for the identity of the petitioner.


Source http://www.law.cornell.edu/uscode/us...4----000-.html for INA Sec. 214(c)(10), 8 U.S.C. 1184(c)(10)

Last edited by legalguy; 07-31-2007 at 08:08 PM.
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  #3 (permalink)  
Old 07-31-2007, 08:02 PM
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ranand00 is on a distinguished road
Default Hi

I would suggest apply for amendment H1...ask your company to do that if they have a law dept...apply in premium and then go(it will come in 14 days)
almost all companies that merge do that.
my company also merged and applied for amendment h1.IT IS A SAFE OPTION.
Hope it helps
thanks
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  #4 (permalink)  
Old 07-31-2007, 08:06 PM
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Default Greedy lawyers do it

Quote:
Originally Posted by ranand00
I would suggest apply for amendment H1...ask your company to do that if they have a law dept...apply in premium and then go(it will come in 14 days)
almost all companies that merge do that.
my company also merged and applied for amendment h1.IT IS A SAFE OPTION.
Hope it helps
thanks
My previous company went through 2 mergers. In the first merger, I retained my own lawyer, he never filed for amendment. But duyring the second merger we had a company lawyer, one of the biggest lawfirm in USA, said amendment h1b is mandatory and just filed an amendment h1b.
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  #5 (permalink)  
Old 07-31-2007, 08:10 PM
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loudoggs is on a distinguished road
Default Apply for H-1B amendment

Hi! I was in the same situation. I had an approved I-797 and my company got acquired. My lawyer told me that I need a new I-797 on the new company's name. Lawyer told me that the I-797 thorough the old company is valid for work within the US and NOT for travel and re-entry.

So I would suggest, get the new I-797 before you leave the country.

Quote:
Originally Posted by samiq
I have an I-797 with company A but it got acquired earlier this year. I have to go for stamping now and being told that an amendment needs to be filed so get get a new I-797 with Company B name. Anybody been through the acquisition process and got visa stamped without an amendment plz share ur experience. I thought I could go for visa stamping with the current I-797 and supporting legal acquisition document.

Thx
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  #6 (permalink)  
Old 07-31-2007, 08:39 PM
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samiq is on a distinguished road
Default

well that is what the HR from company B told me, that I can continue to work on the basis of previous I-797 but for travel and visa stamping i'll have to file a new one.


Quote:
Originally Posted by loudoggs
Hi! I was in the same situation. I had an approved I-797 and my company got acquired. My lawyer told me that I need a new I-797 on the new company's name. Lawyer told me that the I-797 thorough the old company is valid for work within the US and NOT for travel and re-entry.

So I would suggest, get the new I-797 before you leave the country.
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  #7 (permalink)  
Old 07-31-2007, 08:45 PM
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samiq is on a distinguished road
Default

I don't mind applying for the amendment but the company is not willing to pay the cost of the premium, besides i'm being asked to sign a repayment agreement even for the regular processing.. any thoughts how i can avoid that


Quote:
Originally Posted by ranand00
I would suggest apply for amendment H1...ask your company to do that if they have a law dept...apply in premium and then go(it will come in 14 days)
almost all companies that merge do that.
my company also merged and applied for amendment h1.IT IS A SAFE OPTION.
Hope it helps
thanks
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  #8 (permalink)  
Old 07-31-2007, 08:48 PM
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samiq is on a distinguished road
Default

that is exactly what i thought, based on the information i gathered from various law firm websites and even department of labor. but my HR insists that i should get a new 797 before i travel for stamping, so i'm stuck with their policies.


Quote:
Originally Posted by legalguy
I dont think you need any amendment to the I 797. I think you only need the Successor of Intrest letter
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  #9 (permalink)  
Old 03-08-2012, 11:52 AM
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talm3323 is on a distinguished road
Default H1 Stamping after Acquisition

Hi

I recently went for visa stamping and got my visa a month back . I came to know that my company is going to merged into its parent company and we will get paystubs from new company from July. I am planning to go to india on in July do i need to go for visa stamping again.

Thanks,
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  #10 (permalink)  
Old 03-08-2012, 12:08 PM
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100mya has a spectacular aura about 100mya has a spectacular aura about
Default No re-stamping required if your stamped visa is valid

Hi,

I was in the same boat as you 4 years ago and here is what i did, but in any case its always good to contact your company lawyer and HR as laws keep changing:

I had my visa stamping from company A and came back to US. It got acquired by company B but my stamped visa was still valid. I went on a vacation to india and here is what i had to carry and show to the officier while entering US
1) Employment verification letter
2) A letter from HR saying that Company A was acquired by company B along with the official press release letter (its usually on the internet if you google for it) which talks about the acquisition
3) Most recent paystub
4) Original I-797 form

I gave all these and in less than a minute he let me in without any questions just made a note at the back of i-94 saying that company got acquired.

Again I am just sharing my experience please check with your lawyer and HR.

Good luck and do share your experience
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  #11 (permalink)  
Old 03-08-2012, 01:44 PM
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Default

hi talm,

My employer went through 4 acquisitions in the last few years and I did not get a new Visa stamp. As long as the acquisition contract states that the new company takes on all the immigration related obligations, you do not need to file a new H1B petetion or H1B visa.

Take all the documentation recommended by 100mya and you will be fine.

Good luck,
Nag
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  #12 (permalink)  
Old 03-09-2012, 11:30 AM
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Default

Quote:
Originally Posted by talm3323 View Post
Hi

I recently went for visa stamping and got my visa a month back . I came to know that my company is going to merged into its parent company and we will get paystubs from new company from July. I am planning to go to india on in July do i need to go for visa stamping again.

Thanks,
Unfortunately the answer is not a one size fits all. It really depends on the legal entity which filed your previous H1B. If that does not change, you actually don't even need a H1B amendment. If that changes, but the original legal entity does not withdraw your stamped H1B petition, you do not require re-stamping until the period of visa validity , but your company will need to file a new H1B and you need to carry the 797 from the approval of the new H1B. If this is indded the case, you may have to state so at the POE to make sure you indeed get the I94 daye = that of the new I797(or until passport expires). I just went through the latter process and did not get my visa stamped at the mumbai consulate for obvious reasons.Let me know if you need more info.
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