Multiple H1b

[tina30]

Hi,

I have applied for 3 H1s this year as there were chances of lottery being held and I wanted to increase my probability f getting in the lotter.

I was luck and all my petitions got selected in the lottery.

 

I have received a RFE for all the petitions. The RFE for one of the petition states that I have filed multiple H1s this year.

The other 2 RFEs are standard RFE.

 

Would it be a good idea to respond to all 3 as I am not sure which one would get an approval ? 

 

What should I do in this case ? 

[jairichi]

Hi,

I have applied for 3 H1s this year as there were chances of lottery being held and I wanted to increase my probability f getting in the lotter.

I was luck and all my petitions got selected in the lottery.

 

I have received a RFE for all the petitions. The RFE for one of the petition states that I have filed multiple H1s this year.

The other 2 RFEs are standard RFE.

 

Would it be a good idea to respond to all 3 as I am not sure which one would get an approval ? 

 

What should I do in this case ? 

Try to address the other 2 RFEs. I am sure you can not address the one RFE about multiple filing.

[rahul412]

 

I have applied for 3 H1s this year as there were chances of lottery being held and I wanted to increase my probability f getting in the lotter.

I was luck and all my petitions got selected in the lottery.

 

I have received a RFE for all the petitions. The RFE for one of the petition states that I have filed multiple H1s this year.

The other 2 RFEs are standard RFE.

 

Would it be a good idea to respond to all 3 as I am not sure which one would get an approval ? 

 

What should I do in this case ? 

Firstly, you won't file for an H1. Your employer does.

Second, does all the three where filed by different employers??

Third, do you have three job offers in your hand??

[aru27]

USCIS is one entity. Your 3 employers are different entity, they might not even know that you have done that. I presume so.

 

Talk to all the employers separately first. I think you need to talk to the employer you got the RFE of multiple filing before other two.

 

Then check out with an attorney of the employer you think is best. Get the copy of all RFE. 

 

 

Hi Rahul,

 

can you file 3 petition from a single employer? Is it possible ? Have you heard that.

[jairichi]

 

Hi Rahul,

 

can you file 3 petition from a single employer? Is it possible ? Have you heard that.

I do not think you can.

[rahul412]

Hi Rahul,

 

can you file 3 petition from a single employer? Is it possible ? Have you heard that.

A single employer cannot file duplicate H1's for an employee.

 

But in this case, just read the first post. She said, she did it to 'increase my probability'. My doubt is, does she really has THREE jobs in hand?? If I am right then she has ruined TWO genuine H1 candidates future indirectly.

[jairichi]

A single employer cannot file duplicate H1's for an employee.

 

But in this case, just read the first post. She said, she did it to 'increase my probability'. My doubt is, does she really has THREE jobs in hand?? If I am right then she has ruined TWO genuine H1 candidates future indirectly.

If three were picked in lottery then probably yes. But, does not USCIS try to make up the cap limit of 65,000 based on rejections after picking in lottery?

[rahul412]

If three were picked in lottery then probably yes. But, does not USCIS try to make up the cap limit of 65,000 based on rejections after picking in lottery?

Before opening any packet, USCIS counts the no of packets received and if it's more than 65k then they go for lottery. So once they are selected they process those applications, so no way related to rejections.

[jairichi]

Before opening any packet, USCIS counts the no of packets received and if it's more than 65k then they go for lottery. So once they are selected they process those applications, so no way related to rejections.

But, based on total number of rejections till Sept 30th 2013 (say for example 1000 rejections) do they try to compensate 65,000 limit by selecting additional 1000 applications or applications not selected by lottery are sent back immediately?

[pontevecchio]

It begs the question as to why the employers were kind enough to involve her in the matter. The OP should get a Lawyer involved.

[rahul412]

But, based on total number of rejections till Sept 30th 2013 (say for example 1000 rejections) do they try to compensate 65,000 limit by selecting additional 1000 applications or applications not selected by lottery are sent back immediately?

Nope they don't do like. Petitions are rejected because of lack of required documents or for some another reason.

And moreover H1 starts from Oct so if they start processing after all the initial petitions are processed they won't have enough time to approve it by Oct.

[jairichi]

Nope they don't do like. Petitions are rejected because of lack of required documents or for some another reason.

And moreover H1 starts from Oct so if they start processing after all the initial petitions are processed they won't have enough time to approve it by Oct.

Hmm ok. Looks like every year they do not reach 65,000. They always fall short due to rejections.

[aru27]

"My doubt is, does she really has THREE jobs in hand??" Hi Rahul, Does an applicant nowadays need to have a job in hand for applying for new H1B? Have any idea.

But can only start by oct. or we need to provide evidence if RFE comes?

 

I am in the process of applying for a cap exempted H1B. But  in a catch I need  a job for applying for H1B and clients are not ready to offer because i am not authorized to work.

 

No fulltime available in my area.

[jairichi]

"My doubt is, does she really has THREE jobs in hand??" Hi Rahul, Does an applicant nowadays need to have a job in hand for applying for new H1B? Have any idea.

But can only start by oct. or we need to provide evidence if RFE comes?

 

I am in the process of applying for a cap exempted H1B. But  in a catch I need  a job for applying for H1B and clients are not ready to offer because i am not authorized to work.

 

No fulltime available in my area.

Without a job on what basis a H1B could be filed? There should be a job available and need for a H1B worker to perform that.

[rahul412]

"My doubt is, does she really has THREE jobs in hand??" Hi Rahul, Does an applicant nowadays need to have a job in hand for applying for new H1B? Have any idea.

But can only start by oct. or we need to provide evidence if RFE comes?

 

I am in the process of applying for a cap exempted H1B. But  in a catch I need  a job for applying for H1B and clients are not ready to offer because i am not authorized to work.

 

No fulltime available in my area.

If any employer files your H1 that means that employer has a job for you.

[aru27]

may be the word job was misleading. So many terms. I meant consulting companies having projects for filing the H1B?

 

The end clients are not ready since i am not authorized to work for handing the projects. Projects are plenty.  Sometimes the end clients (hiring managers) are not very well versed with H1B rules.

 

Wish me luck. Thanks. 

[rahul412]

may be the word job was misleading. So many terms. I meant consulting companies having projects for filing the H1B?

No not really, that's why consulting companies used to use the term 'in house project', which is nothing but a fake one. Once the H1 is approved they place their employees at client location and after few days file for amendment. That's one of the reasons why USCIS was requesting client letter.

[aru27]

Thanks Rahul... you are so good... I am not sure why the end clients are so reluctant then... not sure what's on their mind... 

 

I felt since this can be done on premium basis. the clients will take this as a transfer....  there won't be any issue with the clients.. thanks

[rahul412]

 I am not sure why the end clients are so reluctant then... not sure what's on their mind... 

 

 

That's fair enough. No one on this world will provide a document without knowing what it is and to whom it is.

[panacea6565]

@tina30

 

so went through RFE of 1st employee or ?

[JoeF]

@tina30

 

so went through RFE of 1st employee or ?

This whole thing shows nicely why it is bad to have multiple applications.

First, they don't increase the chances. This is not like the Powerball lottery.

And second, they make things worse, due to RFEs and audits.

The bottom line: Commit to ONE employer. Have ONE application.

[rahul412]

@tina30

 

so went through RFE of 1st employee or ?

What's your RFE about??

[bha1952]

Hi,

I have applied for 3 H1s this year as there were chances of lottery being held and I wanted to increase my probability f getting in the lotter.

I was luck and all my petitions got selected in the lottery.

 

I have received a RFE for all the petitions. The RFE for one of the petition states that I have filed multiple H1s this year.

The other 2 RFEs are standard RFE.

 

Would it be a good idea to respond to all 3 as I am not sure which one would get an approval ? 

 

What should I do in this case ? 

what is the answer did you give for this "The RFE for one of the petition states that I have filed multiple H1s this year." and what is the response.

[rahul412]

what is the answer did you give for this "The RFE for one of the petition states that I have filed multiple H1s this year." and what is the response.

Obviously she has to tell the truth.

[JoeF]

what is the answer did you give for this "The RFE for one of the petition states that I have filed multiple H1s this year." and what is the response.

The TRUTH, of course! Why is that even a question???