American Employer - Spin off - Received 221g

[Guest_H1B]

Hi, I need your advise on the options available in my situation.

 

I used to work for an American Company (A) which later did a spinoff of the business i was working for into company B.So now technically i now work for company B. Now Both A and B are two independent companies while my H1B has Company A as petitioner.My attorney said there is no need of amendment since company B is considered successor of interest.

 

Yesterday when i went to stamping, the visa officer saw the mismatch between the petitioner (company A) on I 797 and my DS 160 (company B). I also carried a letter of Successor of interest given by HR but they rejected to consider it. So he then gave me a 221g form requesting  I 797 with company B as the petitioner.

 

Could any one throw some light on the options available while my attorneys are working on the required documentation.

 

Thanks in adv.

[bobvisa]

Only option is your attorneys providing a documentation on why A is listed as a petitioner. good luck 

[Guest_H1B]

To Update you all, my attorneys provided documentation pointing to the laws where it says a  new petition is not required when a company under goes a merger or spinoff which i submitted to the consulate. One week after submitting this documentation, i received an email from consulate to submit my passport and 5 days later got an email saying my passport is ready for pickup. 

[vivek123]

Hi @Guest_H1B...I am also in the same boat. I am just wondering which documentation you provided to state that new petition is not required when a company undergoes a merger or spin off. If possible please share the link for the law. 

Thank you