H4 Visa interview after Company Acquired


mabid

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Hello 

 

I was issued H1-B permit my Employer-A and I went for Visa stamping to the consulate with my wife who applied for H4 visa.

 

After the interview they told me my case was in admin processing and they need some time to process the visa, the admin processing took a really long time, 1 year to be exact and we were finally issued our H1 and H4 visas. Meanwhile we had our first baby :) and the Company-A's business that I was employee of was acquired by Company-B and now I was an employee of Company-B.

 

The legal department of Company-B told me that since the whole business has been acquired and the terms of employment are same I do not need an H1-B transfer. The said I can go ahead with Visa stamping for my son's H4 without H1 transfer. They have provided me 2 letters

 

1) Confirmation of Employment ( The letter is addressed to american embassy in my country and states that I am a full time employee of Company-B and that previously I was employee of Company-A and that Company-B has now acquired business of Company-A and hence is a "Successor in Interest" to Company-A so and H1-B transfer is not required to be filed.

 

2) Affidavit of Corporate Documentation of Acquisition ( This is a copy of the original letter that states that Company-B has Acquired the business of Company-A and is "successor in interest" to company-A and that it will take all immigration related liabilities of Company-A, it is signed my Vice President of Company-B and The official in the US state )

 

I applied for my son's h4 visa and attached to it both parents passports and visa copies and also copies of the above two letters.

 

1) I am scheduled to appear for interview with my wife and son on 25th of this month and was wondering what kind of questions that Consular officer may ask me regarding the acquisition?

 

2) Is the above documentation enough for the consular officer to issue the H4 Visa ?

 

3) General Question: When I appear for interview has the consular officer already looked at my case and reviewed the attached documents or is it when I appear for interview that they look at my case ? I ask because I want to know if he/she would already have confirmed the acquisition stuff from the letters or will it be the first time he/she will be looking at those attache documents of acquisition?

 

4) Do you think there is a chance that my case of H4 could go in admin processing ? given that I already had a long 1 year admin processing for my own H1 Visa? 

 

Any one who has experienced this kind of a situation can definitely provide valuable information.

 

Thanks 

 

Abid

 

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