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Results 1 to 3 of 3

Thread: HIB RENEWAL/COMPANY CHANGED

  1. #1
    my friend had his HIB renewed for 3 yrs, but his company sold and now is working for the same employer but under diff. co.name and id#. Wants to apply labor, but was told by the lawyer that his renewal is no good under old co. name. Need to apply again for renewal and then Labor. Pls. verify if thts how it shd be and also when he applies for renewal, will they give him fresh another 3 yrs or will back date the same old one. And also, does he have to leave the country after being here for six years. Thanks

  2. #2
    my friend had his HIB renewed for 3 yrs, but his company sold and now is working for the same employer but under diff. co.name and id#. Wants to apply labor, but was told by the lawyer that his renewal is no good under old co. name. Need to apply again for renewal and then Labor. Pls. verify if thts how it shd be and also when he applies for renewal, will they give him fresh another 3 yrs or will back date the same old one. And also, does he have to leave the country after being here for six years. Thanks

  3. #3
    In my opinion, your friend's lawyer has to be reminded that in Form I-129 there is an option to "amend" an approved H-1B petition while it's still valid, especially if as you said your friend's employment has been assumed by the new company owner. It's clear that the new owner is a "successor in interest" of the old company. If this is the case, which it seems to be, they only have to pay the base filing fee of $320.00 instead of a couple of thousand dollars for a regular petition renewal.

    The rule on the H-1B status limitation of six years can be remedied if a LaborCert or PERM application could be filed on behalf of your friend, whose priority date should fall at least 365 days away from the last day of his sixth year. By then, he'll be allowed to extend beyond that statutory limit on a yearly increment - even without leaving the US.

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