First time H1. Question regarding Company and future H1 transfer

USA H1B Visa
1

Hi…I am based out of India and working in company X. On a personal reference, One of small company from health domain is sponsoring H-1 for me and this is my first time. My job responsibilities usually are not domain dependent. But upon the request of the company to make it a strong case for H1, they asked to include some health domain clients in my resume. For the previous year H-1s, they got RFE asking for health domain experience. I have few queries regarding this

  1. The H-1 is filed by the company as if the US office is recruiting me, not like a staffing company. Is this still considered as a consultancy as I do not have the client letter, which hinders the chance for a VISA

  2. Incase of H1 transfer in the future, do I need to apply only to the health domain clients ? Or Can I apply through my original resume ? If I apply through original resume, do I get denial since I originally had a different resume.

  3. On a Fair note, the chances of getting a visa from India are bleak even as agreed by the company. But have good chances for H-1 Petition approval. Incase my visa is denied, how long do i need to wait before re-applying for visa ? Can I transfer the H-1 to a good MNC (I believe once the H-1 is approved, most MNCs would easily offer H1 transfer which will have client letter and I will have good chances for approved VISA. I worked in major MNCs, so the chances are easier for me)

  4. I might even apply for transfer even before applying for VISA. Please let me know for any extra money incurred by Companies during H1 transfer (or any money refunded by new company to old company)

  5. Please let me know the complications involved in my total planning

Thanks a lot in advance.

2

  1. Its a consulting company if they plan to hire you and place at a client site. Doesn’t matter whether you are recruited by their US office or overseas office.

  2. First, do not lie on the resume. One can apply w/ any H-1 employer as long as you have valid experience and expertise to satisfy the new job’s requirements.

  3. If the visa is denied, you can apply for H-1 transfer anytime. There is no wait period. Same goes for visa stamping. You can re-appear for stamping once you have taken care of the original rejection reasons (if any).

  4. No money flows from one employer to another. Each employer needs to pay the same fees to USCIS for the new or transfer petition. The only difference is the $2000, a company is liable to pay if they have more than 50 employees w/ > 50% of them on H-1 and L-1.

  5. You need to be qualified for the offered position w/o hacking your resume.

3

Hi Saurabh,

Thanks for the clarification. Regarding resume, All my technical experience will be the same. Since my job responsibilities are not dependent on domain, It is just that the change of name of clients I worked with. Is this still considered a alteration

4

If you didn’t work for those clients, then yes it is alteration.