Legal Question in Immigration Law in Missouri
H1 Transfer to a new company
I started a corporation two months ago. I found projects for two persons who are on H1 with another company now. I want to apply for H1 transfer for both of these people so that they can work for my company directly.
Can a new company, with no financial returns file a H1 transfer?
Thanks,
4 Answers from Attorneys
Re: H1 Transfer to a new company
We have done several H-1 transfers for companies that are new or just a few months old. The concern is often the financial viability of the company, ability to pay, and to assure that the job offer is bona fide. There are various types of evidence that can attest to this but vary from case to case. Feel free to contact my office and I can discuss the details. Sameer Kumar (732) 985-1310
Re: H1 Transfer to a new company
Yes, you may petition for the H-1b workers. The issue will be the company's ability to pay the wate. There are various ways to address this. If you would like to contact my office, please do so.
My best wishes.
Re: H1 Transfer to a new company
The empoyer is not required to submit evidence of ability to pay the profferred wages in an H-1b case.
However, you do have to sign several attestations regarding the employee's wages and the issue may arise of whether it is a bona fide job opportunity.
However, nothing prevents a new company from sposoring a H-1B.
Good luck,
Re: H1 Transfer to a new company
Yes, it is possible, I've done this hundreds of times with projected financials.
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