can multiple company file H1b for me at the same time

[krishnanand Ariyakat]

Hi All,

Currently I am in L1b visa. And my L1b visa expires on October 2013.

In coming April 2013, my current employer will do H1b visa for me. And at the same time my client is also ready to do H1b visa and take me as an employee. But i was told by my client that they will not inform my current employer that they are doing H1b visa for me.

Can some one please answer my below questions. Any suggestion or reply will help me to take decision on whether to go ahead with two h1b visa filing or just stick on to any one company and file only one h1b visa.

1. Can both file H1b visa for me ?

2. If 1st employer file H1b then can 2nd employer file another H1b w/o knowing that one H1b visa is already filed for me ?

3. If both employers file visa for me, then is there any chance that both the H1b visas are approved ? or only one will get approved ? If one visa is approved, then the employer with unapproved visa will receive any notification from the USCIS stating "one visa is already approved for this particular person" ?

4. 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 is really appreciated. Thanks.

with thanks,

Krishnanand.

[krishnanand Ariyakat]

Multiple H1s are possible..although you can maintain only 1 :)

Thanks omshiv.

Can you please advise me on the below.

If my current employer is filing my h1b petition after my client does it, do i need to inform my current employer that already there is a pending h1b filng on me.

Do you know in h1b petition form, whether there is any section where we need to provide any information on any pending h1b petitions.

Can you also let me know, whether multiple filing is going to create any issues when i go for stamping.

Thanks.

with thanks,

Krishnanand.

[wiweq]

''Multiple H1s are possible..although you can maintain only 1 :) "

=> That’s incorrect. One can maintain multiple H1bs. People do maintain 2 H1bs at a time (part-time H1bs). But yes, one has to maintain at least one H1b to be in H1b status.

[t75]

You need to be aware that you can be contractually be obligated to work for both or be liable for liquidated damages for failure to appear according to your contract. Be a professional and not waste the client's or employer's money and pick one to do the fining on your behalf. You risk a poor review for unprofessional conduct.

[wiweq]

"You need to be aware that you can be contractually be obligated to work for both or be liable for liquidated damages for failure to appear according to your contract."

=> H1b is an employer owned petition. The fees paid for H1b petition is on 100% risk of employer. There is no relationship of employer-employee relationship until H1b approves. Just by applying H1b an employer doesn't bind the employer to work. As in most of the states employment is at will, the employee is still free to leave the employer in 0 days even after H1b approval. Real employers never ask you to sign a contract to force you to work for certain period. There is no point of ethics too. I was laid off from FTE in 1 week of job because they got business loss and they laid off mainly early hires, (though they paid my relocation to India and 2 months’ severance package). As far as things are legal you are good to go. In my view, No scope of ethics in business !

[nineballs]

=> H1b is an employer owned petition. The fees paid for H1b petition is on 100% risk of employer. There is no relationship of employer-employee relationship until H1b approves. Just by applying H1b an employer doesn't bind the employer to work. As in most of the states employment is at will, the employee is still free to leave the employer in 0 days even after H1b approval. Real employers never ask you to sign a contract to force you to work for certain period. There is no point of ethics too. I was laid off from FTE in 1 week of job because they got business loss and they laid off mainly early hires, (though they paid my relocation to India and 2 months’ severance package). As far as things are legal you are good to go. In my view, No scope of ethics in business !

Wonderful explanation. You really explained how things work in the US very nicely. Thanks for being a member of this forum.

[pontevecchio]

T75 is correct. Emotions have no role in business. Ethics have every role in all facets of life.

[ml98]

On 1/2/2013 at 7:55 PM, krishnanand Ariyakat said:

Hi All,

Currently I am in L1b visa. And my L1b visa expires on October 2013.

In coming April 2013, my current employer will do H1b visa for me. And at the same time my client is also ready to do H1b visa and take me as an employee. But i was told by my client that they will not inform my current employer that they are doing H1b visa for me.

Can some one please answer my below questions. Any suggestion or reply will help me to take decision on whether to go ahead with two h1b visa filing or just stick on to any one company and file only one h1b visa.

1. Can both file H1b visa for me ?

2. If 1st employer file H1b then can 2nd employer file another H1b w/o knowing that one H1b visa is already filed for me ?

3. If both employers file visa for me, then is there any chance that both the H1b visas are approved ? or only one will get approved ? If one visa is approved, then the employer with unapproved visa will receive any notification from the USCIS stating "one visa is already approved for this particular person" ?

4. 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 is really appreciated. Thanks.

with thanks,

Krishnanand.

Hi I’m almost in the same boat as you were. My H1b got denied, so I’m planing to have me client and new employer file H1b consular process. What ended up happening in your case. I’m worried that I might hurt my fte H1b with the my new employers h1.