H1B Transfer - First Time sponsor

[pusapativna]

Hi All,

 

Currently I am with an employer A and planning to transfer my H1 to new employer B who has no history of H1 sponsorship so far. But he says that he has met all required criteria to start H1B sponsoring(Financial strength, 16 US citizens under his payroll, around 35 consultants working through him to his direct clients).

 

Will there be any difficulties? Also, my plan is to start my GC too. And new employer saying that he has consulted attorneys and they also told him that it is possible.

 

 

Is this going to be risky move to me as I would be the first H1B employee.

 

 

Thanks in advance for your thoughts/suggestions.
Naresh

[jairichi]

Hi All,

 

Currently I am with an employer A and planning to transfer my H1 to new employer B who has no history of H1 sponsorship so far. But he says that he has met all required criteria to start H1B sponsoring(Financial strength, 16 US citizens under his payroll, around 35 consultants working through him to his direct clients).

 

Will there be any difficulties? Also, my plan is to start my GC too. And new employer saying that he has consulted attorneys and they also told him that it is possible.

 

 

Is this going to be risky move to me as I would be the first H1B employee.

 

 

Thanks in advance for your thoughts/suggestions.

Naresh

You can ask them to file a cap exempt H1B petition and only on approval join them.

[pusapativna]

Thanks a lot for your reply. but, the point is employer is not waiting and asking me to decide yes or no to work on receipt.

 

Not able to decide at thsi point.

[jairichi]

Thanks a lot for your reply. but, the point is employer is not waiting and asking me to decide yes or no to work on receipt.

 

Not able to decide at thsi point.

Yes, you can begin to work for new employer after receipt notice. But, what would be your situation if your new employer's petition is denied and ex-employer has revoked your H1B petition? Is it worth taking that risk? It is your choice.

[pusapativna]

I agree with you. For more understanding, is it always risky to start with H1 transfer with these kind of startups/first time sponsors?

[jairichi]

I agree with you. For more understanding, is it always risky to start with H1 transfer with these kind of startups/first time sponsors?

It depends on the startup and attorney firm hired. If the attorney firm they have hired has excellent filing record they would be able to guide you properly.