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Immigration Issues/485 Filed , Company being acquired

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Question
Hi

I am on H1B  with 140 approved and 485 pending  since 3 months.  My employer is being acquired and the office will move to a new location (same MSA just around 10 miles commute) .  It is a successor in interest acquisition.

Question 1:

As I understand my H1 remains valid without any new LCA/Amendment. Is that right? Assuming H1 is valid,  do I need additional documentation for stamping (I am going for stamping in June) ?


Considering that the acquisition will be completed in about  another month or so ,  I will be completing over 4 months in Pending 485 status .    The popular saying is AC21 is applicable only after 180 days of filing 485.

However, I recently found in Aytes Memo that even if the employee change job prior to 180 days alien is eligible to port under AC21. The risk as I understand is,  if petitioning Employer revokes 140 before 180 days.  In my case,  since my current management will continue in the new office,  there is no risk of 140 revokation.

Question 2:

Given that,  I understand that no action is required  for my 140 + 485.  Is that right ?

Answer
1) H1 remains the same as long as the petitioner is same and the job position is similar; if there is a change in employer/petitioner and/or job position - you might have to file for transfer with new employer/petitioner.   

2) You are right.

Best wishes,  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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