sun81 Posted November 26, 2012 Report Share Posted November 26, 2012 Hi, The company 'A' I am currently working is being acquired by company 'B'. I have completed my 6-year H1 in Sep 2012. I have got 1 year H1(7th year) extension till Sep 2013 based on my current PENDING PERM(for more than 365 days) from company 'A'. New company 'B' is willing to transfer H1, apply PERM etc., NO issues with that. The question is:: -- Will I be able to get 1 year (8th year) H1 extension after SEP 2013 based on the company 'A's pending PERM in case the new company 'B's PERM does not get approved by SEP 2013. Company 'A' is NOT going to revoke the petitions. Some one please help as this is urgent. Also, please let me know if your suggestions or best steps if I need to act on those now. Thanks in advance for your help. Link to comment
pontevecchio Posted November 27, 2012 Report Share Posted November 27, 2012 Is it an Successor in Interest situation/?. If you do not know try and find out. In that case everything gets assumed and some paper work may be needed. Link to comment
sun81 Posted November 28, 2012 Author Report Share Posted November 28, 2012 Thanks for the response pontevecchio.. I think it is a successor in interest situation. But, I read some where online that the successor in interest situation holds good only in case of I-140 getting approved. Is that true? Link to comment
sun81 Posted November 29, 2012 Author Report Share Posted November 29, 2012 Hi Pontevecchio...can you please suggest me the next steps and help me here.. Thank you. Link to comment
catx Posted November 29, 2012 Report Share Posted November 29, 2012 It is my understanding that a H-1B visa, PERM labor certification application, and I-140 petition can all be amended for a successor in interest acquisition. A qualified, experienced immigration attorney should be used by the new company to amend the immigration documents / processes as part of its acquisition. (Remember the H-1B visa petition and PERM labor certification application are the employer's / company's processes.) Link to comment
pontevecchio Posted November 29, 2012 Report Share Posted November 29, 2012 What catx said............. Link to comment
sun81 Posted November 30, 2012 Author Report Share Posted November 30, 2012 Thanks catx and pontevecchio..This makes me feel better.. Link to comment
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