Does the Last Action Rule applies for multiple H1-B petitions ?

[harishg]

Hi,

I have 2 approved petitions for the year 2010 for the employers A and B. I have the stamping done for the employer A. But, due to some reasons, I am willing to work for employer B.
So, how can I change it ? If i go for stamping for the employer B, Can I get it done for the employer B and cancel for employer A.
Do the last action rule applies here ?

I am currently in India and willing to join the employer in USA.

Please help.

Thanks !

[shervin143]

Last action rule has nothing to do with the visa stamping. If you want to have employer B's name on the visa, then you can apply for stamping again. They will cancel the existing visa and issue a new one with employer B's name on it. However, if you want, use the use the existing visa to travel to U.S with the petition from employer A.

[fundo_h1b]

I have a similar case. Two potential employers have applied for H-1B petitions on my behalf.

Does the last action rule apply in this case, i.e. if the employer B petitions approves last, the employer A petition will automatically get cancelled?

[shervin143]

No. Last action rule only applied when a change of status is filed.

I have a similar case. Two potential employers have applied for H-1B petitions on my behalf.

Does the last action rule apply in this case, i.e. if the employer B petitions approves last, the employer A petition will automatically get cancelled?

[fundo_h1b]

Thanks. So, just to be clear, I am currently out of US. Two employers have currently applied for H-1B Petitions for me. I am interested in joining Employer B rather than Employer A. As both the petitions are under process with USCIS, if I upgrade the H-1B processing of the Employer B to premium processing, I will get the H-1B from Employer B before Employer A's petition.

Now in this case, does the last action rule apply OR will both the petitions get approved and I could take anyone of them to the consulate for Visa Stamping?

Thanks.

[shervin143]

First of all last action rule only applies when a person is already inside U.S (Under a valid immigration status). Your case has nothing to do with the last action rule. If both the petitions gets approved, you can decide which employer to work and take that petition for stamping.

Thanks. So, just to be clear, I am currently out of US. Two employers have currently applied for H-1B Petitions for me. I am interested in joining Employer B rather than Employer A. As both the petitions are under process with USCIS, if I upgrade the H-1B processing of the Employer B to premium processing, I will get the H-1B from Employer B before Employer A's petition.

Now in this case, does the last action rule apply OR will both the petitions get approved and I could take anyone of them to the consulate for Visa Stamping?

Thanks.

[praki]

Doubt with the above situation

Hi Shrevin,
I have a doubt with the above situation.

Employer A and Employer B had filed for H1 visas in the 2011 Quota .
Visa stamping in India is successful with the Employer A's petition .

1) The same visa ( Emp A's approved visa )can be used for travelling to USA to join Employer B . right or wrong ?

2) Is it compulsory or mandatory that visa officer will cancel A's Visa if we approach for B's Visa stamping .


please reply .

Thannks in Advance .
Praki

[shervin143]

1) The same visa ( Emp A's approved visa )can be used for travelling to USA to join Employer B . right or wrong ?
>>> You are allowed to travel with employer's A valid H1B visa and employer B's valid H1B petition. It is important that you show employer B's petition at the POE when you enter U.S.

2) Is it compulsory or mandatory that visa officer will cancel A's Visa if we approach for B's Visa stamping .
>>> Yes. You can have only one work visa at a time.