Travel to India, Company Acquired, H1B Amend

[ramu_9999]

Hello Murthy Forum,

I have great respect to Murthy Firm for its knowledge and for building this great community.

I am a full time employee, not a contractor. I have a valid I797A from company A and have a valid H1B visa stamp on my passport from same company. This visa is good until September 2013. Both my I-797A and visa stamp in my passport have employer A name i.e petitioner. My paychecks were also from the same company A. Hence, I have successfully re-entered usa after getting H1B visa stamp in 2012.

Recently, company B has acquired company A. My Job description and my day to day activities have substantially remained the same, even after B acquiring A. My Job location also remained the same. But, I started receiving pay checks from company B starting from Jan 2013. The attorneys of company B have not amended my H1B i.e. I don't have a new I797A with employer B as my new petitioner.

The attorney from company B has stated the following points to me:

1. Company A will continue to be my H-1B employer even with company B's acquisition.
   
2. New I-797 (H1B extension) that they are going to file soon will have company A as the petitioner.
   
3. The FEIN and underlying company information asserted in company A's original H-1B petition for me will remain the same but for an acknowledgement that company B is the ultimate parent company
   

Are my company B's attorney's points valid? Can I legally work for company B under my company A's H1B? Doesn't USCIS care if I have an updated H1B or updated I-797A or not? I read the following document from murthys website, it is informative. It states that H1B need not be amended when there is no "material change" i.e. job location change, or salary change or others. http://www.murthy.com/2012/02/16/amended-h1b-petitions/

I am traveling to India for 2 weeks, starting from Feb last week to March 1st week in 2013. I will be returning back to USA in March 1st week. I am not planning to go to visa stamping in India as I don't have an updated I797A with me. Is this a correct idea?

Company B attorney has prepared a “Travel Letter” to me, which states that company A is in support of my H1-B, and wishes to continue to employ me. The Letter also mentions that company B has acquired company A and I have a new job title and my day to day activities have substantially remained the same.

Company B attorney asked me to carry all H1B related documents and the latest “Travel Letter” they prepared for me. Will the U.S. Customs and Border Protection Officer at Chicago airport question me for not updating my I797A or visa stamp on my passport? I am sure the officer will get confused if he sees that the petitioner on my I797A and visa stamp in passport with employer A are different from current Pay checks from employer B?

How do I need to be prepared to be able to answer Border Officer at Chicago port of entry?

Any advice and information will be useful.

Thanks a lot for reading my situation.

[ramu_9999]

can someone please reply ?