Regarding Multiple H1b petitions

[[email protected]]

Hi All,

I have an approved H1b petition (year 2014) from company A and now Company B is also ready to file H1B transfer (cap exempt). Please note that I have not get Visa stamped yet for Company A.

My queries:

1. What happens to the original approved petition filed by Company A. Does it become invalid?
2. If I get H1b approved petition from Company B, am I still good to go for Visa stamping with Company A's approved H1b petition.

Thanks in advance.

[raghvi]

Hi All,

I have an approved H1b petition (year 2014) from company A and now Company B is also ready to file H1B transfer (cap exempt). Please note that I have not get Visa stamped yet for Company A.

My queries:

1. What happens to the original approved petition filed by Company A. Does it become invalid?
2. If I get H1b approved petition from Company B, am I still good to go for Visa stamping with Company A's approved H1b petition.

Thanks in advance.

Petition, visa, and status are different things. Where are you currently located?

1. No it remains active till revoked by the employer or USCIS.
2. Yes.

You can enter US only one one of the approved petitions, you have to work with the employer on whose petition you have entered US.

This is my opinion not legal advice.

[[email protected]]

Petition, visa, and status are different things. Where are you currently located?

1. No it remains active till revoked by the employer or USCIS.
2. Yes.

You can enter US only one one of the approved petitions, you have to work with the employer on whose petition you have entered US.

This is my opinion not legal advice.

Thanks for the reply. I am currently located in India. So is this means original petition(with Employer A) is still active and can be used at any time even if I am have started working with Employer B(and when i decide joining Employer A, it wont require filing new petition for transfer case)?

[raghvi]

I still cant understand your actual intent. With whom do you want to work in while in US?

H1 petitions are only for working in USA. They dont have any meaning while you are outside.

Each employer , in order to employ you needs to file their own H1 petition. If one is already Cap Counted in last 6 Years one need not be cap Counted again, but every employer still files and needs to get their own Cap Exempt h1 petition to be approved in order for you to work with them while in USA. One can have multiple petitions but can work with only one employer at any given time.

While entering US you should show the H1 petition for the employer you intend to work.

This is my opinion not legal advice.

[[email protected]]

I still cant understand your actual intent. With whom do you want to work in while in US?

H1 petitions are only for working in USA. They dont have any meaning while you are outside.

Each employer , in order to employ you needs to file their own H1 petition. If one is already Cap Counted in last 6 Years one need not be cap Counted again, but every employer still files and needs to get their own Cap Exempt h1 petition to be approved in order for you to work with them while in USA. One can have multiple petitions but can work with only one employer at any given time.

While entering US you should show the H1 petition for the employer you intend to work.

This is my opinion not legal advice.

Thanks a lot. That cleared my doubts.