Full time to Contracting H1 transfer New Memo --Plz Help

[chunchunni]

Hi All,
I am working full time in an American multinational company but the company is not ready to start my GC and I have only 2 years left on H1B. I am seriously considering contracting so that I can get GC started. Since this move may be risk prone, I have few questions and will really appreciate a response from senior members (preferably those who have made a successful transition from FT to Contracting) :
1. With the new H1B memo, is it possible to get more than one year extension if the purchase order is of only one year?
2. Is there any way to guarantee 2 years extension (only 2 yrs left in my H1), if the client letter says something like, “the project may be extended beyond 12 months”?
3. Is any gig with more than one layer (or even one layer) between client and my employer a red flag for H1B transfer? For example- Can the chain below result in RFEs
My employer--->Vendor A--->Vendor B --->Vendor C--->Direct Client

Thank you very much for your time.
Regards

[pd052009]

Please see my comments inline....

Originally Posted by chunchunni

Hi All,
I am working full time in an American multinational company but the company is not ready to start my GC and I have only 2 years left on H1B. I am seriously considering contracting so that I can get GC started. Since this move may be risk prone, I have few questions and will really appreciate a response from senior members (preferably those who have made a successful transition from FT to Contracting) :
1. With the new H1B memo, is it possible to get more than one year extension if the purchase order is of only one year?
Most of the times they give extn for the remaining years. Even if you get only one year extn, you can extend the H1 by the end of that year.

2.Is there any way to guarantee 2 years extension (only 2 yrs left in my H1), if the client letter says something like, “the project may be extended beyond 12 months”?
It depends on the officer who approves it. So dont worry about it. If you get extn for one year, you can reapply and get the extn for the second year. Also, if your new employer starts your GC process immediately, you may qualify (labout+I140 approvals) for 3 years extn by the end of the first year.

3.Is any gig with more than one layer (or even one layer) between client and my employer a red flag for H1B transfer? For example- Can the chain below result in RFEs
My employer--->Vendor A--->Vendor B --->Vendor C--->Direct Client

This chain might need lot ot paper work. As long as you have all the paper work, you won't have any issues. My suggestion is to move to Vendor C or Vendor B.(less paper work and more margin)

Thank you very much for your time.
Regards

[rahul2699]

See below

Originally Posted by pd052009

Please see my comments inline....

Originally Posted by chunchunni

Hi All,
I am working full time in an American multinational company but the company is not ready to start my GC and I have only 2 years left on H1B. I am seriously considering contracting so that I can get GC started. Since this move may be risk prone, I have few questions and will really appreciate a response from senior members (preferably those who have made a successful transition from FT to Contracting) :
1. With the new H1B memo, is it possible to get more than one year extension if the purchase order is of only one year? -- USCIS is going by PO and client letter these days. If they suggest that the contract is ending a certain date then its possible that you get extension approved until the end date on PO.
2. Is there any way to guarantee 2 years extension (only 2 yrs left in my H1), if the client letter says something like, “the project may be extended beyond 12 months”? -- If the Client letter says so you'll most likely get your extension approved till the H1B end time
3. Is any gig with more than one layer (or even one layer) between client and my employer a red flag for H1B transfer? For example- Can the chain below result in RFEs
My employer--->Vendor A--->Vendor B --->Vendor C--->Direct Client -- Its a hassle to prove Employee-Employer relationship if you have multiple layers. How do you justify that your employer has full control over your work product as well as your assignment when you have 3 vendors in between? Again its not impossible to prove but you need to be ready to submit ton of paperwork to justify as other member has suggested.

Thank you very much for your time.
Regards