Previous company moved me to different subsidiary of its, do I need to submit any additional document while filing Perm/I140?


cheerzup7

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Hi,

 

Here is my scenario:

I was employed for a company ABC Inc (using a dummy name) for 6 months last year. ABC Inc is subsidiary of ABC holdings Inc. After 3 months of employment, ABC holdings Inc did some structural changes and moved me to its newly started subsidiary, ABC resources Inc.

 

So my last 3 salary slips and employment/experience letter indicated company name as ABC resources Inc. However, my offer letter has ABC Inc as employer name.

 

Now I have moved to a different employer. And they are starting my GC process.

 

Following is what my previous employer (ABC resourcing) had to say regarding impact of move on H1B and Perm that it files for its existing employees:

Ques: When I become a ABC Resourcing employee, what happens to my ABC, Inc. H-1B visa status?
Ans: Section 210©(10) of the Immigration and Nationality Act states that in the case of corporate structuring, an amended H-1B visa petition is not required where the new entity accepts the rights and responsibilities of the petition and where the terms and conditions of employment of the H-1B worker are not changed. ABC Resourcing will adopt the rights and responsibilities of the ABC, Inc. LCA's and H-1B visa petitions and will not change the terms and conditions in those LCA's and petitions.
 
Ques: ABC Inc. PERM labor certification application on my behalf is pending with the Department of Labor. What will happen when that application is approved?
Ans: ABC Resourcing will file a successor-in-interest Form I-140 visa petition.
 
 
 
I am not sure if there would be a risk of audit or RFE at Perm/I140 stage, if I give employment letter and offer letter with different company names. Is there any additional document I need to provide while filing Perm or I140 ? 
 
Regards,
Vijay
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