My I-140 was submitted to USCIS in May 2015, and then my company A was sold in June. It is a stock sell. The only change is company name B. my lawyer said she would send an amendment to USCIS after my I-140 was approved. But until now, my I-140 case is still " Case was received". I will have a trip to go to Europe in March. So I need to go to Canada to get an H1B visa to ensure I can go back to the USA. When I filled 160 online. There were a lot of questions about my employer.
-Your current employer with new name does not need to file H-1 amemdment fro you becuse it is the successor-in-interest. But the new named company need to file an I-140 amemdment to take over it for you after the I-140 approved.
1. Do I need to submit an amendment for H1B first before I go to Canada? or
-No. Not need it (see above).
2. Can I go to Canada with a company letter to confirm the A and B are one company?
-Yes. You need to get a "Letter of Acquirement" from HR of new company. "Letter of Acquirement" would state that your 'A' Company (old company) was bought over by 'B' Company (new company) on Date and name has now changed to 'B', and address that 'B' Company is the successor-in-interest. You also need to get the employment verification letter from HR of "B" company (new company) in the compnay letterhead, stating you have been working for 'A" Company, which was acquired by 'B' Company and that you continue to work with the new organization, 'B' Company. Also, bring the last paypycheck stubs since you work for 'B' Company, just in case.
By the way, talk to your lawyer before you leave US for the visa.
3. does it affect my I-140?
-No (see above).
4. To fill the 160, what is my status, immigrant or nonimmigrant?
-It is nonimmigrant (H-1B).
5. I swithced my F-1 to H1B in the USA. And I never went out of the USA after H1B. Can I go to Canada to get the H1B visa?
-I am not sure. You had better check the US Consulate in Canada where you will applied for the visa.
The current lawyer is from the previous parent company. My HR does not want continually work with him. Thanks a lot!
