Hi, I have been working for an IT startup company (say Y) in India. It has parent company (say X) in US with very few people working out of US (less that 10). My husband is on H1b, I have H4 visa now and would like to get a job in US. Company Y in India says they will process my h1b with company X(US) as sponsor. My query is even if such h1b petition is filed, will it be approved by USCIS. Especially when company X does not have any developer working in US. I tried to look for rules for h1b sponsors but could not get any clear details particularly for this scenario. If visa is likely to get denied, what are my options if I wish to continue with the same company?
As long as the H-1 sponsor has a valid reason to hire you i.e. they can demonstrate the need of you working for them in US, it should be fine.
Is this their first H-1 filing? If yes, then USCIS may look into company details to understand the set-up and their financial ability to continue paying you the salary.
If denied, your H-4 will not be impacted and you can continue staying in US on H-4 visa.
Yes, this will be there first H1b filing. Also L1 and some B1s filed by indian subsidiary were rejected last year. As mentioned earlier this is the startup company so financial stability might be a problem. What is you advice in this case? Will it be worth attempting to get h1b visa (which is likely to get rejected) from them? Or should I try to get it be processed through consultant? Please advise.
Unless you find a reputed consulting company, things may be the same for that company as well. They will have to show client/project details along w/ employer-employee relationship which at times lead to denial.
I suggest talking to your attorney and see if they have enough documents to show the financial stability of the company etc. Meanwhile you can search for consulting companies. If you are able to find a good consulting company, well and good; else you can rely on this employer for H-1 filing. Just my personal opinion.