H1B Transfer and PERM approval chances if company has less than 10 employees


I want to join a small consultancy who has less than 10 employees but it is a genuine consultancy company in semiconductor service. It had already filed 3 H1B before and all were approved.

I have following queries.

  1. Will there be any issue in my H1B transfer ?

  2. Can I work on H1B receipt or should I wait for H1B approval ?

  3. This company has not filed any PERM before. What is the chance of getting audit OR denial if this company files for my PERM.(considering I have 15 months left on my H1B)

  4. I also have other option of joining Software consultancy who can also file my PERM immediately and their all PERMs were approved before. Can software consultancy company hire person from other field(semiconductor) ? What they have to prove ?

Please help in taking correct decision.

  1. Any H-1 petition can run into issues. It is not possible to give a definitive answer to this question.

  2. You can start working on H-1 receipt and transfer could take several months. The only thing to watch out for is H-1 transfer denial. You will have to return to old employer (if they still have a valid petition for you) or file H-1 transfer to another employer.

  3. The company’s attorney will have to review the company’s assets, proposed job etc and then guide you on this.

  4. They will have to show they have a real job for someone who is not in their core job category.