H1B Transfer and Stamping Issue(Urgent help needed)


suman_ks

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Hello All,

I came to US last year on H4 Visa and started working as a consultant from March 2012 for a Consultancy Firm in California who sponsored my H1B visa.

Currently I have got full-time offers from 2 companies in California.

One is a big Indian company(similar to *******, *****) and the other is a start-up US company(10 employees).

I am unable to decide which one of them is a safe option as I am reading a lot about US Visa probe against Indian service companies(including big companies like Infosys) on allegations of violating visa norms.

I am planning to go to India in Dec 2012. This would be my first visit to India after H4 to H1B COS.

I have the following queries -

  1. Is it better to join US start-up company or big Indian company?
  2. How many pay-stubs are needed for first time H1B stamping?
  3. If I join a small start-up US company, will it cause ay problem during my Visa Stamping?
  4. Both companies(offers that I have got) do consulting for other companies. Is consulting a dangerous option for H1 stamping?

Thank you very much for the help in advance.

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    • Is it better to join US start-up company or big Indian company?

=> It’s totally up to you. I'd suggest US startup. See if they have clean history and enough money to pay you. Ask them their revenue.

  • How many pay-stubs are needed for first time H1B stamping?

=> You need to prove your last 3-4 months of legal stay in USA. It depends on your last status. You were on H1b get all paystubs of last 3-4 months. If you were in F1 get I-20.

  • If I join a small start-up US company, will it cause any problem during my Visa Stamping?

=> Nope, just do some extra work. Get the last few years filing or some proof of their financial capability.

  • Both companies (offers that I have got) do consulting for other companies. Is consulting a dangerous option for H1 stamping?

=> No, consulting is not dangerous as long as you are following USCIS's guidelines. Main are no multilayer, completely managed by your employer ONLY, proofs to provide employee - employer relationship etc. USCIS doesn't like if there are multilayers or you are managed by your client.

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