I work for company A (private). Its being acquired by company B. However, the biz unit I work in is not
Of interest to company B. Therefore, this biz unit is being spun off to form a separate company, called C.
So C is the ‘surviving entity’ of A.

I’m on H-1B in company A on my 6th year, have filed my I-485, received my E.A.D (about 8 months ago), and A.P.
My friend is also on H1-B in company A on his 5th year and got his I-140 approved last year.


Questions:

1. The new company C will only have around 10 people, out of which 3 people are on H-1B.

a) Does the new company C need to do an H1-B transfer from company A ?

b) Can company C renew our H-1B the next year (as mine is expiring this year, and my friend’s the next year) ?

2. Will our green card processes continue as before? Or will they hit a hurdle, need to be restarted?


Any suggestions or comments are highly appreciated. Thank you very much.

If this is a new company, with a separate FEIN, then generally, you should file for an amendment. Amendents are not required after October 2000 in the case of a merger, but it really depends on how the sale/acquisition/merger was completed.

Most corporate attorneys doing the M&A work, do not fully perform the immigration due diligence regarding ongoing immigration liability.

I would have the company attorney check for you, this puts them on notice that there may be a requirement. Follow up with them and good luck.