Company Acquisition and port of entry

Hi all,
My wife's company got acquired last year and the new company acquired all the liabilities of the old company. So her H-1b was not amended as per the attorney's recommendation. Her first 3 years of the H-1b expires this year in September.

We have a trip planned out to India this July for a couple of weeks. I am a little confused on how we should proceed with the trip and here are the options I see.

1) Extend and amend the visa petition in the US and plan for visa stamping during the India trip
2) Do nothing and enter the country back on the old visa and I-797
3) Extend and amend the petition in the US but not to get her visa stamped

Given the short nature of the trip and that she has a valid H-1b visa stamp in her passport until September, we would prefer to avoid the visa stamping . Her employer recommends to go with the second option and that they can given a letter stating the acquisition and other related details. But we are a little concerned if there could be any issues at the POE.

Can someone please help me understand what could be the safer option and if there could be any issues if we enter with the approved I-797 from the old employer ?

Thanks a lot

nyquant - I think all options are good. But I think 2nd is actually the best. It's like don't fix what ain't broke.

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Originally Posted by nyquant

Hi all,
My wife's company got acquired last year and the new company acquired all the liabilities of the old company. So her H-1b was not amended as per the attorney's recommendation. Her first 3 years of the H-1b expires this year in September.

We have a trip planned out to India this July for a couple of weeks. I am a little confused on how we should proceed with the trip and here are the options I see.

1) Extend and amend the visa petition in the US and plan for visa stamping during the India trip
2) Do nothing and enter the country back on the old visa and I-797
3) Extend and amend the petition in the US but not to get her visa stamped

Given the short nature of the trip and that she has a valid H-1b visa stamp in her passport until September, we would prefer to avoid the visa stamping . Her employer recommends to go with the second option and that they can given a letter stating the acquisition and other related details. But we are a little concerned if there could be any issues at the POE.

Can someone please help me understand what could be the safer option and if there could be any issues if we enter with the approved I-797 from the old employer ?

Thanks a lot

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It is only a suggestion - Please consult attorney

Check if your case comes under " removal new petition requirement for certain H1B applicants" in which case, a filed LCA statement by employer with certain corporate restructure documents' is sufficient.

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Originally Posted by qesehmk

nyquant - I think all options are good. But I think 2nd is actually the best. It's like don't fix what ain't broke.

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Thank you Q and bvsamrat