3 ms·

Can you transfer your existing H-1B to your new company if the new company has a board/co-founders who have the authority to fire you? Edit: This assumes that

• proberts 6y ago
  Yes, it's possible to get an H-1B petition approved through a company you have founded and own a substantial interest in. The question (for USCIS) is whether it's a real business (that is, whether it has clients, products/services, revenues, employees, etc.) and whether a valid employer-employee relationship exists (that is, whether you can get fired). The existence of a board that you don't control and can't control through appointments, the existence of an employment agreement, etc. all can go to showing that a valid employer-employee relationship exists - but USCIS has to believe this and not infrequently doesn't.