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wisheme

h1b transfer to a newly established LLC

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Hi, I have worked on h1b visa for 3 years, and then moved to h4 status. Now, I am looking for a job again, however, for my new contract job, if I transfer my h1b visa to an LLC company which is registered only a month ago, can there be any negative consequences like visa not getting approved/transferred?

How does USCIS sees h1 transfers to a new company, will it scrutinize more? also with the present situation of getting more rejections in h1 extension/transfer cases. Of course, all the other conditions are met like having real project, client letters etc. My question is more like, I should only transfer my visa to a well established consulting company? Not take risk to transfer to a company just opened?

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They want to make sure that the company can pay the salary. If this is a real company, with funding, e.g., venture capital, it should not be much of an issue.

If this is a consulting company, I think it would be unlikely that an H1 would get approved.

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Moving to a well established company is always a better option, but if you don't have any other options then you can go with the new LLC. There will be advantages and disadvantages with a new LLC when you compare then with an other company. Consider factors like getting paid on time (in full), responding to your queries in time and able to afford a good immigration attorney.

If you are going with the new LLC then I will advice to only start working after your petition is approved and not join them on a receipt notice. 

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Hi, Thanks for all the replies. " make sure that the company can pay the salary" -- what type of assets/docs/back accs can the company show as a proof? I understand its a question to attorney, but how do companies show this proof in general? especially because its a new LLC and not funded? also its a consulting company.

only start working after your petition is approved" -- thanks for the good advice

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12 hours ago, wisheme said:

Hi, Thanks for all the replies. " make sure that the company can pay the salary" -- what type of assets/docs/back accs can the company show as a proof? I understand its a question to attorney, but how do companies show this proof in general? especially because its a new LLC and not funded? also its a consulting company.

only start working after your petition is approved" -- thanks for the good advice

By having money in the account or showing a steady stream of income. They will not show you any proof to prove that they have enough money to pay you. Even after getting placed, you have to make sure they pay you on time.

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14 hours ago, wisheme said:

Hi, Thanks for all the replies. " make sure that the company can pay the salary" -- what type of assets/docs/back accs can the company show as a proof? I understand its a question to attorney, but how do companies show this proof in general? especially because its a new LLC and not funded? also its a consulting company.

only start working after your petition is approved" -- thanks for the good advice

They would be required to show their financial data.

As I said, if it is a consulting company it is unlikely they can show enough money, unless they have good long-term contracts (unlikely for a new company.)

It is best to stay away from consulting companies, even more so from new consulting companies.

If it was a company developing a real product, with venture capital, the VC would indicate that a VC investor already looked at the business plan and found if good enough to invest money. Nobody sane invests in yet another fly-by-night consulting company.

Consulting is a cut-throat business where it is pretty much impossible to make money, in particular as a small company. Everybody undercuts each other's rates. Find a real company, with real products to sell.

Edited by JoeF

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I will not advice you to drop your plans of joining a new consulting company without knowing the details about the company. Not everyone starting a new consulting company is a crook. But all I can say is to proceed with caution and stay on top of things when working with them.

Everyone starts small and if people start hearing to the advice of not working for a new company then there will never be a successful start up ever. 

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12 hours ago, User099 said:

I will not advice you to drop your plans of joining a new consulting company without knowing the details about the company. Not everyone starting a new consulting company is a crook. But all I can say is to proceed with caution and stay on top of things when working with them.

Everyone starts small and if people start hearing to the advice of not working for a new company then there will never be a successful start up ever. 

Nobody says not to work for a new company. I've been working for startup companies most of my working life (my current employer just got $100M in their Series C funding round.) Startup companies that have gotten VC funding have a business plan that at least one VC firm found convincing. VC money provides enough runway to get a product off the ground.

Working for a new consulting company which relies on having contracts to make the next payroll is a whole different thing. That's the thing I advise against.

Edited by JoeF

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13 hours ago, JoeF said:

Nobody says not to work for a new company. I've been working for startup companies most of my working life (my current employer just got $100M in their Series C funding round.) Startup companies that have gotten VC funding have a business plan that at least one VC firm found convincing. VC money provides enough runway to get a product off the ground.

Working for a new consulting company which relies on having contracts to make the next payroll is a whole different thing. That's the thing I advise against.

Oh, I was not talking about you. OK.

Good Luck!

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14 hours ago, JoeF said:

Nobody says not to work for a new company. I've been working for startup companies most of my working life (my current employer just got $100M in their Series C funding round.) Startup companies that have gotten VC funding have a business plan that at least one VC firm found convincing. VC money provides enough runway to get a product off the ground.

Working for a new consulting company which relies on having contracts to make the next payroll is a whole different thing. That's the thing I advise against.

Thanks for Clarification!

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