回复：Complicated H1-B transfer

I worked for company V with a H1-B.

Company A bought V and spined off several product lines of company V to the company B. I am designated to be with company B.

My questions:

(1) Is a H1-B transfer filing by company B needed ?
-Not required.

(2) In terms of payroll, I will be with "V"-> "A for several days"->"B",
Does A need tyo do anything about it ?


-Your case meets "successor-in-interest" doctrine. Based on AC21, Company A and B do not need to do anything on your H1 and you can work for them legally as long as:
(1) the employee's duties remain unchanged and (2) the new corporate entity that resulted from the merger agrees to take on all immigration related obligations and liabilities.

Company B can extend your H1 before your current H1 expires later.

Please note that though the new corporate entity (Company A or B) does not have to file a new H-1B petition, the new employer must meet the following requirements before the corporate change: (1) the new employer must keep a record of which H-1B employees transferred to the new employer, and (2) the new employer must update its public access files - this includes (a) each affected LCA number, (b) how the new employer's wage system complies with the H-1B requirements, (c) the new employer's identification number, and (d) a sworn statement by an authorized official from the new company agreeing to assume all immigration obligations and liabilities.