H-1 Transfer to a my new open company

[yip823]

What is the name of your state? NY

Hi All,

I am in OPT now and my H-1 will be started on 10/1. I am planning to open a new company LLC with my friend(citizen) in Nov. And I will have partnership with her for 50:50 share. My question is can I transfer my H-1 to my new open company? What should I prepare for my company? Please Advise.

Tons of thanks and Regards,
Yip

 

[SHORTY LONG]

What is the name of your state? NY

Hi All,

I am in OPT now and my H-1 will be started on 10/1. I am planning to open a new company LLC with my friend(citizen) in Nov. And I will have partnership with her for 50:50 share. My question is can I transfer my H-1 to my new open company? What should I prepare for my company? Please Advise.

Tons of thanks and Regards,
Yip

Please elaborate/expand on "what should I prepare for my company?"

 

[yip823]

I want to know if I can transfer my H-1 to the new company me and my friend just opened, since the company does not have any business or turnover yet.

Thanks and Regards,
Yip

 

[ImmigAttyLana]

You can if your new company can show that it has the means to pay you at least the prevailing wage and if there is no record of revenues, that might be problematic. At any rate, it is most likely to result in a request for evidence, asking for financial ability to pay, etc. and if you do not have the supporting documentation, it is not likely to be approved.