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Eligibility of a new corporation for filing h1b transfer for an applicant ?

San Jose, CA |

How old should a corporation be before filing h1b transfer for a potential employee ( applicant ) ? is there any pre requisite from the corporation to be eligible to file h1b transfer ( apart from the client PO ) ?

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Attorney answers 4

Posted

There is no requirement for a petitioning company to have been in existence a certain number of years prior to being able to petition H-1B workers. In fact, many petitioners are new companies or even startups.

The main factors in getting an H-1B petition approved are:
1. The job offered must be such that it requires at least someone with a Bachelor's degree or higher to perform its duties; and
2. The company must be able to justify such a position requirement.

And, of course, the foreign national beneficiary's diploma and/or qualifications must be in the same field as the job offered.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

There is no time requirement required before filing.

Posted

"Age" of the corporation Is not important, its ability to pay the wages is

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

The formation of the company is not as relevant as the funds the company should have to pay you.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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