Acquired by new company - H1B transfer


ams11

Recommended Posts

Hi,

 

I started working for company A early this year and they filed my H1B and I got lucky in the lottery. My status was supposed to change from F1 to H1B on October 1st, this year. But a few weeks before that happened, company A sold a division to company B and I became an employee of company B. 

Company B didn't do a transfer of H1B as they acquired us. So they gave us a 'successor-in-interest' letter and told me that I could use that when I went to India to get my visa stamped. (I haven't had it stamped yet).

 

Last week my company decided to put me on furlough for 2 months starting from the 16th of this month. I found out that on H1B, you cannot be furloughed and that I would lose my visa status the day my paychecks stopped. 

 

So I contacted company A and asked them if I could work for them and if they could do my H1B transfer to keep me in status.

 

They agreed to take me back immediately. I resigned from company B today (Friday, 13th Nov) and I will be starting work at company A on Monday, 16th Nov. They said they found out that they do not need to do a transfer of H1B (submit my petition papers again) because my visa was initially done by company A and company B only gave me a successor-in-interest letter and didn't submit my new petition again.I worked for 2 and a half months for company B and now I will be going back to company A. Plus I do not have the visa stamped in my passport. I plan to do that in December 2016. 

 

Would this cause any issues?

 

Thanks,

Ams11

Link to comment
  • 2 weeks later...

Yes. They bought only 2 divisions and company A kept one division and started operating under a different name. They said I can come work for them as my VISA was done by them and company B did not do a transfer. 

Company B told me that they would inform USCIS that they acquired a division of company A so that they would not need to make a H1B transfer. But later on I got to know that company does not want H1B employees and is trying to get rid of them. So now, I don't really know if they informed USCIS at all or not. 

Company A said that my approved visa is valid for another 2.7 years (Company A did not revoke it) so I can work for them without a transfer. 

If I worked illegally for company B, would I be in trouble even though I did not know it was illegal and the company gave me a successor in interest letter? Would this be a valid document if at all I am asked questions during my VISA interview? Most of the other H1B employees who are still working there have not had their VISA transferred because they too received the successor in interest letter. And just like me, they too are under the impression that it as all being done legally.

 

I am planning to go for my VISA stamping in December 2016, I know that I will need to take my TAX documents along. The tax document will reflect Company A as well as company B. I worked for company B for only 2.5 months, Sept-mid nov 2015.

What are the chances that this would raise an issue during my VISA stamping? 

Link to comment

Archived

This topic is now archived and is closed to further replies.