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2 H1B Petitions at the same time

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  • 2 H1B Petitions at the same time

    Hi , I am currently working on L1B Visa in US since December 2010 for company A. In june 2008 the same company A filed an H1B petition for me , but we never utilized it as the project got over. This petition is showing as "Post Decision Activity " on the USCIS website , which means its approved petition. Now In this year (2013) , I had my H1 filed from company B , which is now approved and also showing as "Post Decision Activity" on the USCIS website .
    Recently I was approached by company C , which is ready to transfer my H1B petition which was issue by company A long time back . So now I have 2 approved H1b Petitions , I would like to keep both the option opens , and decide which suits me the best .My question is will there is be any issue if company C goes with the old petition , like will be there any issues from USCIS
    Last edited by seannelson2011; 08-26-2013, 10:43 PM.

  • #2
    First you need to know if A's petition was approved with or without change of status. If with change of status, your status is H1B now and not L1B.
    Is B's petition also approved with change of status? Did you travel abroad and return at any time after 2010? There are a lot of complications involved here.

    One thing that does not change is that you are counted under H1B cap and a new petition filed at any time will not fall under cap.
    This is my opinion and not legal advice.

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    • #3
      Thanks for the reply .

      I have traveled to India 2 times and came back once in 2011 and other in 2012. I am sure that the H1B petition filed with company A is without change of status , so this also means that I am on L1B .
      I am not sure about B 's petition if its with change of status, on the USCIS website it only says the "Post Decision Activity". But i spoke to company B and they said that it will be affective from October 1st

      Q) If the company C uses the same old petition and does my premium processing , and it gets reject for some other reason , will it also affect my approved petition ?
      Q) If the company C uses the same old petition and does my premium processing, and it gets approved after October 1st , what would happen ?

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