Multiple H1B visa sponsors??

[thapslikesit]

Hi,

Can I have multiple US companies sponsoring me H1B visa??

Last year I had a visa approval but stamping got suspended because of the company's inability to provide a job(u/s 221(G)). So, dont want to risk it again by going with just one company and rejecting the other offers I have.

So, can you please advise me if its ok to have multiple companies sponsor me H1B visa at the same time?? Does it have any affect later on at any stage of my visa stamping or so........??


Thanks in advance for your valuable time.
Thaps.

[shervin143]

Not a problem.

[fundo_h1b]

I am in a similar situation. I have two employers ready to file for H1-B petition on my behalf. I do have US SSN and all other identifications.

Any idea if USCIS will approve both the petitions when they come to know about the first petition while processing the second petition.

Any responses will be appreciated.

[shervin143]

Like mentioned, it is not an issue. Any number of parallel petitions can be filed on an individual's behalf. Ultimately you can work for only one employer at a time unless the petitions are filed as concurrent H1B petitions.

I am in a similar situation. I have two employers ready to file for H1-B petition on my behalf. I do have US SSN and all other identifications.

Any idea if USCIS will approve both the petitions when they come to know about the first petition while processing the second petition.

Any responses will be appreciated.

[fundo_h1b]

Thanks for your prompt response.

Will it create any problems during H-1B visa stamping. It seems during the H-1B stamping, we will need to state in the visa application form that no one has earlier applied for my H-1B. The company could create hurdles by sending copies of the visa approval to the US Consulate. If the US Consulate finds out that I already have an H-1B and have misrepresented facts, I will be debarred from entering the US or my visa can be rejected with no reason assigned.

Do we need to state during the H-1B Stamping that no one has earlier applied for my H1b? Please suggest.

[shervin143]

Having multiple H1Bs sponsored by different employers is not a crime or violation and there is no need to hide that fact when you attend the visa interview. Not sure why you are getting paranoid after something that is not worth worrying.

[fundo_h1b]

Many thanks Sherwin.

Regards.

[fundo_h1b]

My second employer is asking me to list all the other filings filed on my behalf and currently pending at present with USCIS

He is looking for the receipt or approval notices for all other filings currently pending with either the US Department of Labor or the USCIS (Immigration Service), if any.

Do you think I should provide the receipt number I received from the first employer?

[shervin143]

Yes, you should. USCIS actually expects a copy of all the previous approval notices and receipts (if any petition is currently pending) while filing a new I-129.

My second employer is asking me to list all the other filings filed on my behalf and currently pending at present with USCIS

He is looking for the receipt or approval notices for all other filings currently pending with either the US Department of Labor or the USCIS (Immigration Service), if any.

Do you think I should provide the receipt number I received from the first employer?

[shervin143]

Yes that is the rule. The primary reason is that there are only 6500 CAPs alloted every year. It is not fair to allot multiple CAPs to the same person knowing that only one of those CAP will be actually utilized. If you want to do the right thing, go with only one employer.

Are people still getting multiple parallel petition approved - YES. So, think what is the right thing and take the decision.

Thanks Shervin.

Multiple or Duplicative Filings
On March 19, 2008, USCIS announced an interim final rule on H-1B visas to prohibit employers from filing multiple or duplicative H-1B visas for the same employee. To ensure fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple or duplicative petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicative petitions

This above clause is from USCIS website that I just discovered a few hours back. What is your opinion regarding it?

USCIS Link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD

Thanks again for prompt response and all your support.

[silvermission]

1 from Exempted 1 from Non-Exempted from Cap

Hi, will my risk be lower if I have an institution (let's call them X) exempted from the cap file h1b, and another company (let's call them Y) non-exempted from the cap to file h1b for me at the same time?

On an alternative scenario, say if I am working with X on approved h1b (exempted from cap), and I got job offer from Y, how can I make that transition? As I know all new h1b needs a new petition, and exempted h1b are no transferable to non-exempted company.

Thank you for all your response!!

Yes that is the rule. The primary reason is that there are only 6500 CAPs alloted every year. It is not fair to allot multiple CAPs to the same person knowing that only one of those CAP will be actually utilized. If you want to do the right thing, go with only one employer.

Are people still getting multiple parallel petition approved - YES. So, think what is the right thing and take the decision.

[madhu097]

Can I apply for 2 H1B Visa from 2 different sponsors?

Dear People,

I came to US on Feb'2013. I came here on F2 Visa. Recently I was converted to H4 Visa. I have 5 years of experience in India. But here I am not allowed to work. Now, I have talked to a consultancy and they are ready to sponsor me H1B. But since there are chances of lottery this year also, I got another offer from other consultancy that they are also ready to sponsor for H1B. So could you please help on my questions below.

1. First of all, Is it legal for both the companies filing H1B for a same person? IS there any chance that USCIS will reject both the petitions?
2. If both are selected in the lottery, WHat am I supposed to do?
3.Will filing multiple H1b visa is going to create any problem in my approval process or when i go for interview for stamping.

Any help will be highly appreciated.

Regards
Carly.

Hi, will my risk be lower if I have an institution (let's call them X) exempted from the cap file h1b, and another company (let's call them Y) non-exempted from the cap to file h1b for me at the same time?

On an alternative scenario, say if I am working with X on approved h1b (exempted from cap), and I got job offer from Y, how can I make that transition? As I know all new h1b needs a new petition, and exempted h1b are no transferable to non-exempted company.

Thank you for all your response!!

[pushkar]

H1 with two employers

Yes, you should. USCIS actually expects a copy of all the previous approval notices and receipts (if any petition is currently pending) while filing a new I-129.

Hi Shervin,

Thanks for your insight on the topic first of all, I may be irritating you with the same questions, listed below:

1. Two employers are ready to file for me, I want to go with both to increase my chances in lottery. Is it advisable?
2. If both the files are chosen in lottery, what happens in that case. They will be do separate individual petitions with no link to each other since they are both fresh. One cannot be updated with information from other file since they both were filed during the same window.
3. In case both petitions are approved, can I go for stamping for both the petitions or only one? Where and when do I disclose that I have another petition pending with another employer?
4. When do I inform the employers that I have two petitions? I can't tell them before filing due to the fact that none of them has actually been filed yet.

Kindly let me know if you require further information from my end. Appreciate your insight on the topic.

Thanks & Regards,
PRS

[navneetkaur]

Reliable site for checking H1b sponsor data for past filing

Hi,

I am currently is US and on F2 visa. I have found two of the employers to file a H1B for me. Can somebody please suggest any reliable site where I can find these employers past H1b data/record on the basis of which I can make my decision?

Navneet

[l1toh1]

Having multiple H1's and dual Payroll's

I am in a tricky situation. Please advice. Sorry for the lengthy story, but I just want explain the situation clearly.

I am a consultant of Company A (holding my H1 and I140 is approved 6 months ago) and working for their Client (B). The client has a 2 year limitation for a consultant. At the end either they convert to full time employee or have to looks for a new job.

I am now at the end of 2 years and the client is trying to convert me to full time (its in progress from the last few months due to various reasons and issues its getting delayed. But we are not 100% sure that it will happen).

But since my contract is ending, and they can no longer continue me as a contractor. So there's a possible gap by the time I become FTE.

My employer (A) is trying to look for new project, but not very sure if they will be able to find soon and they cannot have me on bench for more than 2 weeks (and 2 weeks loss of pay).

My preference is to either to stay with my current company or take the FTE position. But since none of them are confirmed and there's a risk of losing my status if my current employer doesn't find me a new job soon, i am planning to have a backup option.

Now lets say, before A and B confirmed me the job, I get an offer from C and they start the H1 transfer. I join them until either A or B confirms (if none of these works, I intend to continue working for C).

1. After I joined C, can i return back to A if they find me a project or B if things work out on their side and make me FTE?
2. Should I let know my current employer A that I am going to join C to avoid risk?
3. If I let my current employer know and if he decides to cancel my H1 and/or I140, and current client B offers and initiates my H1 after I140 cancellation, will the H1 transfer be successful or will my H1 transfer gets rejected due to inactive I140?
4. If I don't tell my current employer (A) there is a chance of 1 or 2 dual payrolls running both from current company A and new company C. will this be a problem?
5. Meanwhile, if the client offers me FTE (when 1 H1 transfer is in progress and current employer H1 is active) and initiates H1 transfer, will there be any conflicts with these simultaneous processing/dual payrolls?
6. If the previous employer cancels I140, can I still get H1B transferred to other company?

I have good relation with both my current employer(I hope they at least don't cancel my I140 for few months) and the client and new employer C doesn't exist yet.
But just want to get clarifications on the scenarios running through my mind.