Employer merged and has new name H1 amendment and Visa Interview

[Hardik2286]

Hi All,

I am in a confusing situation. My employer merged with another company and has changed the name of the company after merger. As per the USCIS laws the amendment is not necessary but my employer suggested that it is better to do it and to be on safer side. So i went for H1 amendment.

I have a visa interview date on March 4th and because I have applied for premium processing, I am expecting my H1 by February 22.

How will US Consulate know about the record of the New company in the past as it never existed before?

Thanks,

Hardik

[justFYI]

My brother, Yes, you will need one as in worst case they might come for a visit and if they find you are not available as it says in LCA, your a## is on fire :)

[rahul412]

How will US Consulate know about the record of the New company in the past as it never existed before?

Because your H1 petition has that information which is submitted to USCIS, so when you attend for visa interview your paystub will be from new company and your LCA was filed with old company's name. Like someone said already during that interview at that time you a## will be on fire.

Your employer is right.

[Attorney_25]

Not sure what justFYI is trying to say. It may be helpful to provide information about the merger, but it is not required. The merger information may assist in showing that the new company is bona fide (as opposed to being a new company organized for fraudulent reasons - shouldn't be an issue anyway, but unfortunately consulates do tend to look for fraud). Do you know what the new employer said about the merger in the amendment petition? Most likely there's already documentation of the merger in the file being sent to the consulate through PIMS. If not you could hand-carry documentation, but the consular official may refuse to look at it.

[Hardik2286]

Yes they said that they have already submitted all the documents to USCIS related to Merger and with H1 amendment also they are going to send those again and also will give me when I will go for stamping.

Should that be ok?

Thanks,

Hardik

[Attorney_25]

Sounds like a good standard plan. For a more detailed strategy, please consult with a qualified attorney.