H1B transfer to Brand new Company

[unknown2us]

I am currently working with Company A (owned by two Partners) and now they want to disolve the company and one of the partner is going to open a new company B with same contracts but under different name and different professional licenses. And he is ready to file my H1B transfer.... my question is how safe or secure my H1B transfer will be???? Will USCIS make any trouble just because its a new born company and does not have a financial history?????????

Thanks in Advance.

[JoeF]

The company would have to convince DOL and USCIS that they can pay the salary.

For an established company, that's usually done by presenting tax returns for previous years.

For a new company, a business plan and/or venture capital would serve that purpose. That also means that it would be very hard for a newly started consulting company to get approval for H1s, because financing of these small consulting companies is often rather sketchy (they tend to be fly-by-night operations, and don't have any track record of getting and keeping contracts.)

I would suggest finding another employer, preferrably not a consultant (if you haven't heard, one of the big Indian consulting companies has been accused of massively violating the law, so getting H1s for consulting jobs may soon be over completely.)