QUESTION

How do I have an H1b visa transferred to a new company?

Asked on May 10th, 2011 on Immigration - California
More details to this question:
I would like to transfer my H1b visa to a startup IT consulting company and process my Green Card. Will it be possible without any problem transferring my visa to a new start-up company (I am the first employee) and process my GC immediately? I need your help on process. Could you please let me know your convenient time for a discussion on process, fees, etc? Thanks.
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Answered on May 19th, 2011 at 11:24 AM
You are able to transfer your H-1B. You are legally permitted to file a labor certification but the company will have to prove that it requires you full time and can pay your salary. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. Please call me. We offer payment plans with no interest.

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Answered on May 16th, 2011 at 10:49 AM
Applying for a H1B visa and/or change of employer for a new start up company, especially one with only 1 employee can be a problem. Applying for a Green Card for such a company will definitely have problems. Among the problems is justifying the need for a full-time employee, justifying the need for a professional employee, and the company's ability to pay. You can contact my office at the below contact information Monday to Friday from 9 am to 5 pm to schedule a consultation.

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Answered on May 13th, 2011 at 2:52 PM
It is possible to apply for a change of employer H-1B. If this is a start up and you are the first employee, it will be very difficult to obtain under current DHS policy. Are you by any chance also the owner of this company? DHS has set up a very strict definition of employer/employee relationship which makes it very difficult for people to qualify in that instance. I am happy to do a full consultation with you, to assess the facts of your case, to provide strategic suggestions and to answer any questions that you may have. To do this, please email me or call. A consult normally takes about one hour and my fee is $150.

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