Is there a problem if I apply for my H1B with a company less than 1 year old?

ruddy1985

New Member
I worked for this company ABC (Civil Engineering Firm) for about 19 months. Eventually due to some problem the company was split into two halves say ABC and XYZ (both civil engineering firms).

I am still employed by ABC but have received a better offer from XYZ. XYZ is a smaller firm than the original company though they are hiring aggressively. If I decide to work for XYZ I will be working on the same project that I have been working for since the past 19 months, have the same office and my project manager will remain the same. In the long run XYZ appears to be more stable and offering better incentives.

Now I am on my OPT extension which will last till Nov 1, 2011. I will be applying for my H1B soon. I was wondering if there is any problem if I apply for my visa with XYZ which is less than a year old at this point.

Note that both ABC and XYZ firms work for the state of NJ. Also I received my masters from USA.
 
They will need to have ability to pay. You will have no way of knowing before filing if USCIS will accept their financial backing as sufficient unless they have previously applied. Their attorney should be able to advise them before they hire you.
 
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