American Employer - Spin off - Received 221g


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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.

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  • 1 month later...

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. 

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  • 11 months later...


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