k_dutta Posted February 10, 2013 Report Share Posted February 10, 2013 I am a bachelor (working in IT Firm ) willing to file for H1B petition this year ( 2013-14 ). I have two consultancy to sponsor my H1B 1. First consultancy filling for free. 2. Second consultancy asking for 2000$ initially which will be refunded with my third payslip. Q1. Is it legal to file to file multiple petition with different employers as of now ? Q2. If Yes. will it increase my chances of getting selected in lottery system ? Q3. Will i face any difficulty while visa stamping ? Q4. If both selected, can the consulate reject my stamping because finally i will be working with one company and other will be at loss ? Q5. Do i need to inform both the employer about this to about any problems in future ? Q6. If both selected, can i select the employer to work with and how ? Link to comment
t75 Posted February 10, 2013 Report Share Posted February 10, 2013 How do you plan to work for both if you have contracts with them? You can be liable for damages for failure to report for work It costs $$$$. Be an ethical person and have the employer you want to work for be the only one to file. Based on your posting, go with the first since it is illegal for you to "buy" a visa as the second is requesting. You would be cooperating in an illegal act. Link to comment
JoeF Posted February 11, 2013 Report Share Posted February 11, 2013 Stay away from any company that wants money for an H1, no matter how they call it or if they "promise" to pay it back. It is illegal. All these companies that ask for money for an H1 are shady. Link to comment
Attorney_25 Posted February 11, 2013 Report Share Posted February 11, 2013 The policy of consultancy #2 is legally problematic. I would be interested to know the basis on which they justify this action. It is possible to have two petitioners file for you, and this by itself will not cause a problem at the consulate. Keep in mind - and this is not an immigration issue - that if an employer makes the expenditures to file an H-1B petition for you and then you choose not to join, you are causing a financial loss to the employer. Clearly, this is a risk that the employer chooses to take by filing for you, and employer still cannot make you pay back most of the H-1B-related fees. It is possible the employer could sue you for other damages, such as loss of profits, although this is unlikely to happen. Link to comment
rahul412 Posted February 11, 2013 Report Share Posted February 11, 2013 I am a bachelor (working in IT Firm ) willing to file for H1B petition this year ( 2013-14 ). I have two consultancy to sponsor my H1B 1. First consultancy filling for free. 2. Second consultancy asking for 2000$ initially which will be refunded with my third payslip. H1 filing and processing is the EMPLOYER'S job. So by default their is nothing so called FREE H1 filing. Link to comment
wiweq Posted February 12, 2013 Report Share Posted February 12, 2013 How do you plan to work for both if you have contracts with them? You can be liable for damages for failure to report for work It costs $$$$. Be an ethical person and have the employer you want to work for be the only one to file. Based on your posting, go with the first since it is illegal for you to "buy" a visa as the second is requesting. You would be cooperating in an illegal act. Multiple H1b from different employers is absolutely fine. As the filing fees of H1b is 100% employers' responsibility, the beneficiary won't be liable for this fees in any case. No question of ethics too, as far as things are legal, you are good to go. In the same way employers have all the rights to terminate your job even after one day of service. Again, no ethics, no emotions, just legality matters. It's employer's decision to invest the money on the future employee. They are free to hire a USC or GC holders. Link to comment
k_dutta Posted February 12, 2013 Author Report Share Posted February 12, 2013 The policy of consultancy #2 is legally problematic. I would be interested to know the basis on which they justify this action. It is possible to have two petitioners file for you, and this by itself will not cause a problem at the consulate. Keep in mind - and this is not an immigration issue - that if an employer makes the expenditures to file an H-1B petition for you and then you choose not to join, you are causing a financial loss to the employer. Clearly, this is a risk that the employer chooses to take by filing for you, and employer still cannot make you pay back most of the H-1B-related fees. It is possible the employer could sue you for other damages, such as loss of profits, although this is unlikely to happen. The second consultancy is asking me a sum of 2000$ just to get assured that i am really interested in working with them and wont revert the interest after they invest on me for my H1B. But in case my petition is not getting selected in lottery system, i wont be getting my money back. They took a formal technical interview which i cleared and now asking for my copy of my documents and later would ask me for payment of the amount for further processing. I just heard that small consultancy do ask for some share of money that needs to be invested, would really like to confirm the same. and money if i decide to give the money, how do i assure that i am not going to be fooled. Link to comment
rahul412 Posted February 12, 2013 Report Share Posted February 12, 2013 Multiple H1b from different employers is absolutely fine. As the filing fees of H1b is 100% employers' responsibility, the beneficiary won't be liable for this fees in any case. No question of ethics too, as far as things are legal, you are good to go. In the same way employers have all the rights to terminate your job even after one day of service. Again, no ethics, no emotions, just legality matters. It's employer's decision to invest the money on the future employee. They are free to hire a USC or GC holders. Well said. Link to comment
JoeF Posted February 13, 2013 Report Share Posted February 13, 2013 The second consultancy is asking me a sum of 2000$ just to get assured that i am really interested in working with them and wont revert the interest after they invest on me for my H1B. Stay away from any company that asks for money for an H1, no matter how they call it, not matter what they claim, no matter if they "promise" to pay it back. Companies that ask for money for an H1 are frauds. Stay away from them. Link to comment
metroguy Posted February 14, 2013 Report Share Posted February 14, 2013 These days most of the small companies are taking caution deposit and they will put it in mail that they are going to pay it back once you joined them and work with them for x number of months. My suggestion is do research about the company who is filing your H1b and check their visa approval rates in the past years. If things looks good, then you can go ahead with the company by paying the caution deposit. Link to comment
JoeF Posted February 15, 2013 Report Share Posted February 15, 2013 These days most of the small companies are taking caution deposit Only shady consulting companies do that. Stay away from any company that wants money for the H1, no matter how they call it, no matter if they call it "deposit" or whatever. These companies are shady and frauds. Real companies don't ask for money. A job pays you, not the other way around. Never pay money for an H1. Period. Link to comment
wiweq Posted February 15, 2013 Report Share Posted February 15, 2013 These days most of the small companies are taking caution deposit and they will put it in mail that they are going to pay it back once you joined them and work with them for x number of months. My suggestion is do research about the company who is filing your H1b and check their visa approval rates in the past years. If things looks good, then you can go ahead with the company by paying the caution deposit. => Why are you encouraging illegal activities on this forum? Employees asking for deposit money from H1bs, or H1b fees are fraud. They should be reported to DOL, ICE rather doing research on those. Asking deposit money, H1b fees are top two symptoms of fraud employer. Link to comment
rahul412 Posted February 15, 2013 Report Share Posted February 15, 2013 These days most of the small companies are taking caution deposit and they will put it in mail that they are going to pay it back once you joined them and work with them for x number of months. My suggestion is do research about the company who is filing your H1b and check their visa approval rates in the past years. If things looks good, then you can go ahead with the company by paying the caution deposit. That's 100% illegal. What's the guarantee that employer will pay back that money to employee?? Why should an employee pay caution deposit?? Once you got your H1 that employer can revoke the H1 anytime. Which means this FRAUD employer will never pay back that money to the employee by threatening that I will revoked your H1. Link to comment
simk Posted March 5, 2014 Report Share Posted March 5, 2014 Multiple H1b from different employers is absolutely fine. As the filing fees of H1b is 100% employers' responsibility, the beneficiary won't be liable for this fees in any case. No question of ethics too, as far as things are legal, you are good to go. In the same way employers have all the rights to terminate your job even after one day of service. Again, no ethics, no emotions, just legality matters. It's employer's decision to invest the money on the future employee. They are free to hire a USC or GC holders. Good thought process. Please don't listen to people who say that, Multiple H1 B filing with two different employers is illegal. It is completely legal and as a matter of fact, one of my friend last year, got all three of her petitions approved. See how lucky she was. Link to comment
JoeF Posted March 5, 2014 Report Share Posted March 5, 2014 Good thought process. Please don't listen to people who say that, Multiple H1 B filing with two different employers is illegal. It is completely legal and as a matter of fact, one of my friend last year, got all three of her petitions approved. See how lucky she was. Multiple applications do NOT increase the chances. USCIS only counts them as one, and if the person is selected, all the applications get selected. Most people with multiple applications get RFEs and audits nowadays, since there is likely some fraud involved, because no sane employer files and pays for an H1 application if the employer doesn't have the reasonable expectation that the person starts working there. And of course, the applicant paying for the H1 is illegal. Link to comment
rahul412 Posted March 5, 2014 Report Share Posted March 5, 2014 See how lucky she was. what about this?? http://forum.murthy.com/index.php?/topic/63668-multiple-h1b/ Link to comment
simk Posted March 8, 2014 Report Share Posted March 8, 2014 what about this?? http://forum.murthy.com/index.php?/topic/63668-multiple-h1b/ So what about it...? its not her fault... they are independent employers applying for h1b. They will respond to RFE... Link to comment
rahul412 Posted March 9, 2014 Report Share Posted March 9, 2014 So what about it...? its not her fault... they are independent employers applying for h1b. They will respond to RFE... I didn't said that its her fault. Multiple H1's triggered RFE's that's the point. Link to comment
JoeF Posted March 10, 2014 Report Share Posted March 10, 2014 I didn't said that its her fault. Multiple H1's triggered RFE's that's the point. And because an RFE and audit in such cases is pretty much a certainty, it is best to commit to ONE employer. Link to comment
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