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Multiple H1 petition from different Employer

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  • Multiple H1 petition from different Employer

    As per new Rule in 2014 Can we file Multiple H1 VISA from different employer?

    For example:
    I am working with Company 'X' on L1B and client is Company 'Y'. Company 'X' decided to file my H1B visa this year and the paper work is in process. All of a sudden my client 'X' also decided to file my H1B this year. Can I apply H1B with two different employers at same time?

    Thanks in Advance

  • #2
    Originally posted by samashi View Post
    As per new Rule in 2014 Can we file Multiple H1 VISA from different employer?

    For example:
    I am working with Company 'X' on L1B and client is Company 'Y'. Company 'X' decided to file my H1B visa this year and the paper work is in process. All of a sudden my client 'X' also decided to file my H1B this year. Can I apply H1B with two different employers at same time?

    Thanks in Advance
    There is no new rule, you are allowed to file H1 from different employers, so no issues.

    This is my opinion not legal advice.

    Comment


    • #3
      Below is the rule. Will it impact anything ?

      What are the specific modifications under the new rule?

      •USCIS will now either deny or revoke multiple petitions filed by an employer for the same H-1B worker.

      •USCIS will not refund filing fees for duplicative or multiple H-1B petitions.

      •In years when USCIS implements the random selection process for petitions, USCIS will include petitions in the random selection process that are filed during the first five business days available for filing H-1B petitions for a given fiscal year, rather than just the first two such days.

      • If a petition incorrectly indicates that it is exempt from any of the H-1B numerical limits, the petition will be denied if no H-1B visa numbers are available and the filing fees will not be returned.




      Do the new rules referencing multiple filings on behalf of one worker apply to a parent company and its affiliated entities?
      The rule does not prevent related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same alien for different positions, based on legitimate business need.

      Comment

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