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FAQs: Mergers & Acquisition
To determine the impact of the merger/acquisition on your immigration status, we would need to know the details of the merger/acquisition. Below are generic answers to some commonly asked questions. Be advised that the response can be different depending on the type of merger or acquisition.
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Q: Is an amended H-1B petition required?
A: An amended H-1B petition is not required in a 100% acquisition so long as the acquiring company assumes all responsibilities and obligations under the underlying LCA.
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Q: Can I still benefit from an approved AEC and/or I-140 the original Employer initiated?
A: Yes, so long as the acquiring employer assume all responsibilities and obligation under the approved I-140.
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Q: Is an amended TN petition required?
A: No. When an extension is needed or if the employee is traveling, an amended can be done at the time of the extension or the employee can provide an updated letter from the new entity at time of re-entry to the U.S.
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Q: Is an amended L-1 petition required?
A: Yes. Any time there is a material change in the ownership structure of the organization, an amended L-1 is required.
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Q: Can I travel internationally while the amended L-1 petition is pending with USCIS?
A: We recommend that you wait until the amended petition is approved by the USCIS before traveling internationally to ensure you have in your possession the proper documentation. If you must travel internationally during this time, we recommend you obtain an letter from the acquiring company outlining the terms of the merger/acquisition and provide USCIS with a copy of the USCIS filing fee receipt if requested to show proper steps are being taken to amend the petition.
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Q: What if my position is eliminated?
A: If a new position within the organization is offered, an amended petition may be required depending on the nature of the position. If the employee becomes unemployed, the s/he will be required to depart the U.S., change his/her status to another non-immigrant status in the U.S., or find a new job and have a new employer file a H-1B petition.
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