Filing multiple h1b petitions with different employers

[badebhaisahab]

As I understand, multiple filing by different employers for the same employee is not an issue with USCIS. My questions are:

1) If both the petition have the merit, will they both get approved?

2) Does any employer get to know that a separate petition was filed for the employee they were interested in?

3) If both the petition gets approved, does it count once or twice against the Quota?

Thanks in anticipation.
Bade Bhai Sahab

[raghvi]

As I understand, multiple filing by different employers for the same employee is not an issue with USCIS. My questions are:

1) If both the petition have the merit, will they both get approved?

2) Does any employer get to know that a separate petition was filed for the employee they were interested in?

3) If both the petition gets approved, does it count once or twice against the Quota?

Thanks in anticipation.
Bade Bhai Sahab

1. Yes.
2. Not unless you tell them or both the employer use the same attorney.
3. twice.

This is my opinion not legal advice.

[badebhaisahab]

1. Yes.
2. Not unless you tell them or both the employer use the same attorney.
3. twice.

This is my opinion not legal advice.

Dear Raghvi,

Thanks for your answers.

[panacea6565]

read somewhere it may cause rfe

Hey Raghvi

Thanks for the inputs
I m also in same boat, and somewhere I read on Murphy forum , that it may cause a rfe, with asking question why you filled multiple, when you can work with one employee only

[raghvi]

Hey Raghvi

Thanks for the inputs
I m also in same boat, and somewhere I read on Murphy forum , that it may cause a rfe, with asking question why you filled multiple, when you can work with one employee only

I havent come across such an RFE example.

This is my opinion not legal advice.

[panacea6565]

thanks

I havent come across such an RFE example.

This is my opinion not legal advice.

Thanks for the prompt response.
One more query : have you came across a case where a person has filled two H1b petition and one approved and other rejected or have knowledge on the same

TIA

[raghvi]

Thanks for the prompt response.
One more query : have you came across a case where a person has filled two H1b petition and one approved and other rejected or have knowledge on the same

TIA

It keeps happening all the time . One can file N number of parallel petitions. Though one Can work for only one employer at a time (unless petitions are concurrent).

Yes , it does sound unfair to others, as there is a quota limitations, but then there isnt a law preventing the same. Though there is a law barring same employer for filing multiple petitions for same employee.

Only issue you may face is, if you sign a contract with the employers, you may face legal issues with employers whom you decide not to join.

This is my opinion not legal advice.

[Rick85]

It keeps happening all the time . One can file N number of parallel petitions. Though one Can work for only one employer at a time (unless petitions are concurrent).

Yes , it does sound unfair to others, as there is a quota limitations, but then there isnt a law preventing the same. Though there is a law barring same employer for filing multiple petitions for same employee.

Only issue you may face is, if you sign a contract with the employers, you may face legal issues with employers whom you decide not to join.

This is my opinion not legal advice.

Thanks Raghvi!

I have a query further to it. If two different petitions are filed for same beneficiary by different unrelated employers and both the petitions are picked up in lottery, then what happens. Will it be me who makes the choice. How will I be informed about it?

It would be great if you could help me with it.

[pradeeptummala]

Thanks Raghvi!

I have a query further to it. If two different petitions are filed for same beneficiary by different unrelated employers and both the petitions are picked up in lottery, then what happens. Will it be me who makes the choice. How will I be informed about it?

It would be great if you could help me with it.

Hi Raghvi,

Even I have the same question..what happens, if both the petitions filed by different employers gets picked up in lottery? Will I be able to make the choice and how?

Thanks in Advance!!

[raghvi]

As I understand, multiple filing by different employers for the same employee is not an issue with USCIS. My questions are:

1) If both the petition have the merit, will they both get approved?

2) Does any employer get to know that a separate petition was filed for the employee they were interested in?

3) If both the petition gets approved, does it count once or twice against the Quota?

Thanks in anticipation.
Bade Bhai Sahab

1. Yes.
2. Twice.

Technically more the number employers filing different petitions for you the more chances you have. Its like instead of buying one lottery ticket you buy two,or three or more increasing your chances the difference being, both the tickets can be a winner at the same time :-)

This is my opinion not legal advice.

[Mr.Arora]

Hi Raghvi,

Even I have the same question..what happens, if both the petitions filed by different employers gets picked up in lottery? Will I be able to make the choice and how?

Thanks in Advance!!

Hi Raghvi....

Request you to answer this query.

[raghvi]

Hi Raghvi....

Request you to answer this query.

You can choose which employer's petition to go with for the interview.

This is my opinion not legal advice.

[sanjaythakur]

You can choose which employer's petition to go with for the interview.

This is my opinion not legal advice.

Hi,

This year two companies are filing H1 for me. First company(A) is filling under general quota and second(B) is filling under premium quota.
With first company i signed an agreement that if I get picked up in lottery then I have to go for visa interview process or else I have to pay some money to them.

Now my question is
1. if my application with company B is picked up in a lottery(since its in a premium quota result will come in 15 days) then will I be able to sit for visa interview for company A later(if my application with company A also gets picked up in the lottery)

2. Will company A come to know about my visa petition with company B?

hoping for quick response.

[raghvi]

Hi,

This year two companies are filing H1 for me. First company(A) is filling under general quota and second(B) is filling under premium quota.
With first company i signed an agreement that if I get picked up in lottery then I have to go for visa interview process or else I have to pay some money to them.

Now my question is
1. if my application with company B is picked up in a lottery(since its in a premium quota result will come in 15 days) then will I be able to sit for visa interview for company A later(if my application with company A also gets picked up in the lottery)

2. Will company A come to know about my visa petition with company B?

hoping for quick response.

1. The choice would be yours as to whom to go with for the interview.
2. No. Either would not know, unless you tell them.

This is my opinion not legal advice.

[debarshibarat]

Multiple Filing

Hi Raghvi,

I did file from two companies to boost my chances this year. Turns out that the the application from my primary company (where I am currently working), did not get picked up but the second company's did. I am also on OPT extension which expires on May 10, so I qualify for the cap-gap extension to the OPT which extends the work authorization till Sept 30.

My questions are as follows:
While on my OPT cap-gap extension, can I change my company to join the second company mentioned above? IS there a possibility of it triggering an RFE?
If I do not change the company and continue with the current company, can I continue with them till Sept 30?
If the H1B gets approved from the second company, how soon can I transfer it back to the current company?

Any help would be highly appreciated.

Thanks