Two H1 applications simultaneously

[scasol]

Hi,

Last year, I had applied for an H1 visa from a consultantcy firm "A". And my H1 was approved. Right now, it is in the approved state and all I need to do is to go to the consulate to have my H1 stamped.

However, currently, I am onsite in the USA on L1 through my current employer "B" which has just asked me for my papers to file an H1 for me.

Is it legal in this particular case to apply for 2 H1s? Will my currently approved H1 be affected in anyway ? Lastly, can I transfer my already approved H1 to my current employer ?

-thanks for your help
Narayan

[Subramanya]

L1 and H1

Last year, I had applied for an H1 visa from a consultantcy firm "A". And my H1 was approved. Right now, it is in the approved state and all I need to do is to go to the consulate to have my H1 stamped.

However, currently, I am onsite in the USA on L1 through my current employer "B" which has just asked me for my papers to file an H1 for me.

Is it legal in this particular case to apply for 2 H1s? Will my currently approved H1 be affected in anyway ? Lastly, can I transfer my already approved H1 to my current employer ?

---- NO, you cannot apply for a new H1 when your current H1 is valid. The only way is to transfer the H1 (which is the same aas applying for a new H1) the difference being that you will not be counted in the quota

Subramanya

[scasol]

How sure are you about this? I hope you understood my situation right. I have not stamped my H1. It is only in the approved state. I still have to take a date from the consulate and get my H1 stamped. Please guide.

[Subramanya]

H1 issues

How sure are you about this? I hope you understood my situation right. I have not stamped my H1. It is only in the approved state. I still have to take a date from the consulate and get my H1 stamped. Please guide

---- Stamping of your H1 Visa has nothing to do with your H1 approval notice (Although it is required for a Visa stamp). If you continue residing in the US, you may never get the Visa stamped

---- Even if you apply for a H1 with a new employer in April 2008, you will not be counted against the quota as your application has already been approved once for H1. Thereby meaning that you can have 2 H1's (one each with company A and company B)

---- It will be considered a fresh H1 only if you have completed the 6 year period and stayed outside the US for at least a period of 1 year

Subramanya

[scasol]

Just so that I understand this right,

I can go ahead and give the required papers to my current employer to file an H1 for me.

I understand that if I have this H1 approved too, I will have a choice between which H1 to stamp. And as soon as I stamp an H1, the other approved application would automatically invalidate.

Thanks a ton for all you help.

[Subramanya]

Multple H1s

Just so that I understand this right,

I can go ahead and give the required papers to my current employer to file an H1 for me.

I understand that if I have this H1 approved too, I will have a choice between which H1 to stamp. And as soon as I stamp an H1, the other approved application would automatically invalidate.

---- At the outset you are only complicating the case. This is due to the fact that you want all the advantages and do not want to leave anything for a chance

---- Once again you may not 2 H1 Visas stamped on your Passport (one for each employer). This is only possile for a L1 and H1 or B1 and H1

---- Basically there is no need of a H1 stamp from the second employer, if you have an existing and valid H1 Visa to enter the US. The only time you apply for a H1 Visa again is when your present H1 Visa is expired, getting expired etc.

---- However, if you want to maintain 2 H1s and work for two employers at the same time you can do so, provided you have the energy and the time to work for each employer. That is purely and squarely your decision

Subramanya

[Vini778]

Subramanya please help...

hi
I have gone through all the replys, I have a doubt I didnt stamp my H1 papers and I am in 2007 quota , how long that quota wil be valid, do it will expire once the 2008 quota starts ??
Please advice.
Regards
Vinayak

Just so that I understand this right,

I can go ahead and give the required papers to my current employer to file an H1 for me.

I understand that if I have this H1 approved too, I will have a choice between which H1 to stamp. And as soon as I stamp an H1, the other approved application would automatically invalidate.

---- At the outset you are only complicating the case. This is due to the fact that you want all the advantages and do not want to leave anything for a chance

---- Once again you may not 2 H1 Visas stamped on your Passport (one for each employer). This is only possile for a L1 and H1 or B1 and H1

---- Basically there is no need of a H1 stamp from the second employer, if you have an existing and valid H1 Visa to enter the US. The only time you apply for a H1 Visa again is when your present H1 Visa is expired, getting expired etc.

---- However, if you want to maintain 2 H1s and work for two employers at the same time you can do so, provided you have the energy and the time to work for each employer. That is purely and squarely your decision

Subramanya

[Subramanya]

H1 quota

I have gone through all the replys, I have a doubt I didnt stamp my H1 papers and I am in 2007 quota , how long that quota wil be valid, do it will expire once the 2008 quota starts ??

---- Once your H1 is approved, the quota for the previous current and future years has nothing to do with your H1. if your H1 is valid for 3 years then that is the end of story

---- Your H1 is counted for the year's quota in which it was approved and it is good for a period of 6 years, provided you renew it after the end of the first approval

Subramanya