Filing of two H1B Cap Exempted Petition by Different Employers


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Hi Sheela Murthy & Team, Really appreciate the phenomenal Murthy's Law Firm is doing in helping people in making well informed decision  which are very important for their family, future and job. This COVID-19 pandemic, followed by Visa Restrictions has put me & my family into such unprecedented situation. I was in US for 10 years with my Current_Employer_A and currently stuck in India for all these visa bans. I've an approved H1B Visa(cap exempted) from New_Employer_B which is much smaller in size compared to my Current_Employer_A. Since I'm not able to get my visa stamped, my New_Employer_B wants me to join them in India until I travel back to USA. I'm not fully comfortable with that idea, since I had accepted the offer for US. And I still intend to join them in US.

1. Can my Current_Employer_A still file a Cap Exempted H1B Visa for me? If yes, will the outcome/decision of that petition impact my already approved H1B petition from my New_Employer_B?

2. Is there any better option?

Thanks & Good Luck

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58 minutes ago, TheTechLead said:

Hi Sheela Murthy & Team, Really appreciate the phenomenal Murthy's Law Firm is doing in helping people in making well informed decision  which are very important for their family, future and job. This COVID-19 pandemic, followed by Visa Restrictions has put me & my family into such unprecedented situation. I was in US for 10 years with my Current_Employer_A and currently stuck in India for all these visa bans. I've an approved H1B Visa(cap exempted) from New_Employer_B which is much smaller in size compared to my Current_Employer_A. Since I'm not able to get my visa stamped, my New_Employer_B wants me to join them in India until I travel back to USA. I'm not fully comfortable with that idea, since I had accepted the offer for US. And I still intend to join them in US.

1. Can my Current_Employer_A still file a Cap Exempted H1B Visa for me? If yes, will the outcome/decision of that petition impact my already approved H1B petition from my New_Employer_B?

2. Is there any better option?

Thanks & Good Luck

Just to clarify, I've an approved H1B petition not Visa from  New_Employer_B and I'm waiting to get it stamped at any US Consulate in India.

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