H1B Stamping Issues for Small Companies

[sakethwins]

Hi All,

I am working as consultant now, got a full time job offer from a small company.

Size of the company is 28 and I will be 2nd H1B employee..

I am planning to go for India (stamping) after 3 months, will there be any issues for stamping with small companies ? Please advice..

[wiweq]

Be prepare for more scrutiny, like, employer's capability of paying you. They can ask for their previous tax returns. If they find that your employer can only pay you while you are working consider your H1b won't approve. Working as a consultant that too with small company is too risky these days. Now, don't tell that it's a desi company.

If every question is answered/ documents correctly there is a probability that your H1b will be approved.

Even if you get approval, stamping would be the biggest problem.

[wiweq]

"If they find that your employer can only pay you while you are working consider your H1b won't approve."

=> If they find that your employer can pay you only while you are on project and making money for them, and they have no other source to pay you; consider your H1b won't approve.

[sakethwins]

Be prepare for more scrutiny, like, employer's capability of paying you. They can ask for their previous tax returns. If they find that your employer can only pay you while you are working consider your H1b won't approve. Working as a consultant that too with small company is too risky these days. Now, don't tell that it's a desi company.

If every question is answered/ documents correctly there is a probability that your H1b will be approved.

Even if you get approval, stamping would be the biggest problem.

Hi, its full time with client not with consulting company.

[wiweq]

"Hi, its full time with client not with consulting company."

=> The same applies for FT job too. USCIS would like to make sure if they are able to pay you the LCA mentioned salary. Their last few years tax returns, no of employees, their qualification, their salary, sources of revenue of the company. Don't want to scare you but the same happened with my friend and finally H1b was rejected after 2 RFEs. They failed to fulfill USCIS's wishes.

[sakethwins]

hii is your frd full time ??

[wiweq]

"hii is your frd full time ??"

=> Yes, he was FT with a small company of 11 people. This was their first H1b and it was a non-desi company.

[h12345]

hi

i got an offer from small company of about 25 people. they are prime vendor to big company ( about half a billion dollars in revenue), they started filing h1b only this year

my visa was rejected last year (EVC) due employee employer relationship

cleared few interviews since, but no one is ready to sponsor due to previous rejection and current location

1. it is advisable to accept offer and go for h1b through them?

2. would it make things more difficult for me if h1b petition or visa is rejected?

please help in this regard