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 H1-company name change
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Posted on 09-29-09 6:22 PM     Reply [Subscribe]
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My H1 starts from Oct 1, recently the name of my company( same company) changed slightly.
I stepped in the local USCIS office with my H1 paper and the company registration (name change) docs. but the officer said me you don't need to do this, when you are about to leave the country you can tell the officers about this and they will write your company new name in I-94 card.
I don't believe this.
I asked her if they have any application form for changing company name, she gave me I-129S, but it looks like sth else.
Does any one know the application form that I / my company need to file for this ??  

 
Posted on 09-29-09 6:53 PM     Reply [Subscribe]
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Usually the petitioner, or the employer company files for a H-1B amendment for each of  its H or L employees.

However, USCIS’ Aleinikoff policy memorandum (8-22-96) regarding amendment of
H-1B petitions states that “changes in the ownership structure of the
petitioning entity generally do not require the filing of a new or
amended petition if the petitioning entity continues to remain the
alien beneficiary’s employer, provided the new owner(s) of the firm
assumes the previous owner’s duties and liabilities..
.” This has been
interpreted by USCIS Adjudications to apply to acquisition of discrete
functional components or divisions of companies.

An amendment (10/30/00) to INA §214 (c) provides that “[a]n amended
H-1B petition shall not be required where the petitioning employer is
involved in a corporate restructuring, including but not limited to a
merger, acquisition, or consolidation, where a new corporate entity
succeeds to the interests and obligations of the original petitioning
employer and where the terms and conditions of employment remain the
same but for the identity of the petitioner
.”

 


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