I-140 and H1B with "Successor Employer"


reddy_2016

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Hi,

My company A is selling the product that I work on to a different company B and so all the employees who work on that product also need to be moved to company B. In regards to the H1B and I140, company A is saying that company B will become the "Successor employer" and so just need to do the following.


For H1B, Company B needs to place a sworn statement in the H1-B public access files confirming that they will be responsible for all the terms mentioned in the LCA or H1B petition filed by Company A.


For I140, Company B just needs to amend I1-40 petition and do not need to go through the PERM process.

My question is, Do you think this process is completely normal for company B to not file a new H1B petition and not to do the complete PERM process ?
Please let me know if you guys know about these kinds of situations.

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