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"Successor-in-interest" sale and H1B

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  • "Successor-in-interest" sale and H1B

    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

  • #2
    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.

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