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Management change: H1B

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  • Management change: H1B

    Hi I'm on the 4th year of my H1b sponsored by Company A. After a Management Bidding process, Company A lost the management contract and Company B is taking over from July 1, 2011. All assets, staff etc will be taken over by Company B. I have been offered the same position and no change in job responsibilities.

    In such a scenario i have the following questions:
    - does Company B need to transfer my H1B in their name? Does successor of interest apply in this case?
    - If Successor of interest does apply, then since the new "pay stubs' will carry the name of Company B and Not A. Can that create a problem for me?
    - Is there anything at all that the new company needs to do...for my transition to the new company. Do they need to inform USCIS or carry out any other legal paperwork etc.

    On a separate note...if successor of interest does apply, then can this Company B...sponsor my Green Card. I think only EB3 would apply to me since I have a bachelors degree from India and 18 years work experience (it was evaluated as a Bachelors Degree in Business Administration with specialization in Hotel management) . I know the priority date in EB 3 for India has a backlog of about 9 years. Now if the green card does get applied, then does my H1B need to be extended every year or every 3 years. The H1B renewal fees will stay the same or does it go down?

    Lastly, how much would be the legal fee & government for this greencard process.

  • #2
    Hi I'm on the 4th year of my H1b sponsored by Company A. After a Management Bidding process, Company A lost the management contract and Company B is taking over from July 1, 2011. All assets, staff etc will be taken over by Company B. I have been offered the same position and no change in job responsibilities.

    In such a scenario i have the following questions:
    - does Company B need to transfer my H1B in their name? Does successor of interest apply in this case?
    - If Successor of interest does apply, then since the new "pay stubs' will carry the name of Company B and Not A. Can that create a problem for me?
    - Is there anything at all that the new company needs to do...for my transition to the new company. Do they need to inform USCIS or carry out any other legal paperwork etc.

    On a separate note...if successor of interest does apply, then can this Company B...sponsor my Green Card. I think only EB3 would apply to me since I have a bachelors degree from India and 18 years work experience (it was evaluated as a Bachelors Degree in Business Administration with specialization in Hotel management) . I know the priority date in EB 3 for India has a backlog of about 9 years. Now if the green card does get applied, then does my H1B need to be extended every year or every 3 years. The H1B renewal fees will stay the same or does it go down?

    Lastly, how much would be the legal fee & government for this greencard process.

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    • #3
      Question for S12 and Federale86: I thought companies were supposed to hire citizens first and, in the event they cannot find a qualified American citizen they may hire foreigners. It appears that this 3rd world thingy doesn't even have a GC. Can you enlighten me? Thanks.

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