"Successor-in-interest" sale and H1B

Shah Peerally Law Forum is a FREE SERVICE offered to the entire immigrant community from Shah Peerally Law Group PC. Anybody can be a member of this forum – you do not need to be a client to be a member. If you have any question feel free to call us at: 510-742-5887 or send us an email at: [email protected]

Sign Up to Post on this forum

Disclaimer: We take no responsibility for accuracy of information provided , please use at your own risk. Note: Please do not post any negative comments or remarks about any person or organization. Do not post personal information details. Courts and government agencies can require us to disclose your email, IP address. etc.

SSRI
Share

Tweet
#1

"Successor-in-interest" sale and H1B

08-12-2014, 07:58 AM

I'm on H1B with I-140 approved.

The division of the company in which I work (not the whole company) has been sold to a private equity firm.
The sale is of "successor-in-interest" type.

The private equity firm is just setting up a new office and picking a new name for the company.
I was told my H1B from my parent company is still valid and do not have to file for a H1B transfer since this is "successor-in-interest" sale.

My question is:
When I travel to India in Nov, I will have to apply for visa interview (visa on the passport has expired).
I will be carrying I-797 from my parent company and supporting documents related to the sale like I-9.

Is it ok to carry I-797 from parent company or should I apply for H1B transfer before I travel?
The new company would just be 2 months old when I travel. will that be a problem for Visa stamping?

Thanks
Tags: None
shah

Administrator

Join Date: Oct 2012

Posts: 530
Share

Tweet
#2

02-29-2016, 11:12 AM

Sorry for the late answer but yes, as a successor interest you do not have to file the transfer or amendment. And indeed you are carrying the right documents. See the video on checklist for H1B Stamping India.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.
Comment

Previous template Next

Can I have two H1Bs at the same time l Multiple or concurrent H1Bs

by shahpeerally

I often am asked whether someone can have multiple H1Bs. This video addresses that question

...
- Channel: H-1B Visa
11-06-2022, 06:51 AM
INA 221(g) I Administrative processing at the US embassy/consulate #h1bvisa

by shahpeerally

...
- Channel: H-1B Visa
11-06-2022, 06:42 AM
Reply to H1b approved and valid from Oct 2019, Is stamping must be done within 1 year?

by pdxhomebuyers

Great information. I will check out the rest of your articles.
- Channel: H-1B Visa
06-13-2020, 12:16 AM
H1b approved and valid from Oct 2019, Is stamping must be done within 1 year?

by Help_Immigration

Appreciate your feedback. I would seek help from professional once I get confirmation. Really looking for the help.

I been hearing from...
- Channel: H-1B Visa
05-11-2020, 12:52 PM
Best way to transfer H1B to a different employer immediately after approval?

by vijay029

I am currently on H4 EAD. I have been working as consultant for company A (non-IT firm) since last year. This employment is directly through Company A....
- Channel: H-1B Visa
06-20-2019, 12:16 PM
H1B to H4 COS is filed already but can we withdraw now and stay on H1B/do H1 transfer

by divya_m

Hi,
I have filed for change of status from H1B to H4 dependent visa last week due to some personal reasons and waiting for receipt. My employer...
- Channel: H-1B Visa
03-20-2019, 09:43 AM
Reply to Options after H1 Transfer denied

by manymaniyaa

All of these are individual devided...
- Channel: H-1B Visa
03-19-2019, 05:32 AM
My current project date is 2 months from now event though it will extended later

by Charan23

Hi all, I am currently on stem OPT and I am applying for H1 this year, I am working as a consultant to a reputed organization from 18 months, my current...
- Channel: H-1B Visa
03-10-2019, 07:13 PM
Reply to Can I work full time with both employers ( A & B) at same time

by hamyamys

all of these are a moral or another impact you can classify with...
- Channel: H-1B Visa
02-25-2019, 06:20 AM
H1 processing and cap-gap

by ahsonik

Hi, My h1b is processing (for FY 2019). I got an RFE in july 2018. My company responded and USCIS received the reply on july 20th 2018. My status says...
- Channel: H-1B Visa
09-15-2018, 12:31 PM
Premium Processing suspended H1B

by administrator

...
- Channel: H-1B Visa
08-31-2018, 03:39 PM
H1 to H4 EAD - Right tome to Apply

by Professionalhima

I have H1B visa and my first term of it is getting expired by Jun 2019. I have 3 more yrs of extension. I'm planning to shift from H1B to H4 EAD (As my...
- Channel: H-1B Visa
08-10-2018, 06:18 AM
Reply to Can I work full time with both employers ( A & B) at same time

by wilsonlisa597

It will be a little difficult for you to work simultaneously with both the companies. If you are highly flexible and hard working you can get it through....
- Channel: H-1B Visa
07-03-2018, 02:59 AM
H1B Transfer Query - Urgent

by bkh1923

Hi All ,

I have a query regarding the H1B transfer process . I am currently working in an Indian IT company A and my Visa validity is...
- Channel: H-1B Visa
06-27-2018, 01:28 PM
Is new H4 valid if h1B does not join new employer

by sanjeevramniwas

Hi,

I am on H1B and my H1B validity is till 06/2019 and hence my wife's H4 validity is also till 06/2019.
Lets say, a new employer...
- Channel: H-1B Visa
04-24-2018, 01:01 PM
Two H1B transfers in progress at the same time

by sanjeevramniwas

Hi,

I was employed by Employer A on H1B.
On 04/01, Employer B filed a petition for H1B transfer from A->B.
On 04/10,...
- Channel: H-1B Visa
04-24-2018, 12:54 PM
Reply to 5 Frequently Asked Questions by Startups Regarding H1B Visa Filing.

by wilsonlisa597

Thanks for the information.
- Channel: H-1B Visa
03-20-2018, 09:57 PM
Reply to Options after H1 Transfer denied

by wilsonlisa597

If you still with your prior employer, then nothing happens and you don’t need worry about anything.

If you already left your prior employer,...
- Channel: H-1B Visa
03-20-2018, 09:56 PM
5 Frequently Asked Questions by Startups Regarding H1B Visa Filing.

by administrator

The Silicon Valley is the heaven of startups. People from all over the world want to come to California especially to the Silicon Valley to be the next...
- Channel: H-1B Visa
10-16-2017, 06:49 PM
Reply to Options after H1 Transfer denied

by Continent Hop

Really very nice and informative post. Thanks for sharing such a useful article.
- Channel: H-1B Visa
08-10-2017, 07:41 PM

Announcement

"Successor-in-interest" sale and H1B

Comment

Latest Post