simultaneous petitions subject to cap and without being subject to cap

[h12345]

Hi Friends

I got two offers last month.

Company A filed h1b subject to cap this week.

Company B filed h1b without being subject to cap using old petition by mistake yesterday.

I have stayed outside US for more than one year and would like to get fresh 6 years.

a. If both petitions get approved, would I still get fresh 3 years with possible extension of 3 years through company A.

b. Would these petitions affect each other.

Request you to please provide your responses.

[h12345]

request you to please provide responses

if my petition NOT subject to cap from Employer B is approved this month, can i still get fresh 6 years with Employer A subject to cap? ( i have stayed outside US for more than 365 days)

please help

[t75]

How did you plan to work for both employers?

[pontevecchio]

"Company B filed h1b without being subject to cap using old petition by mistake yesterday" How do you know that? How long have you ever been in H1 status?

[h12345]

Thanks for your responses !

Employer B told that there are few openings which require joining after couple of months, so filed for transfer instead, not sure if he telling the truth, i had been on h1b for 4 years 3 months earlier from 2007 through 2011

will plan to work with any employer from whom i am able to get visa, if i get it from both then would prefer to work with Employer A

[pontevecchio]

Wait for the decision regarding A. Keep your fingers crossed. B seems to be a rogue.

[h12345]

hi friends

 

i got my petition approved from employer B and got the approval documents.

 

as per i-129, employer had filed petition as cap exempt and accordingly i should have got approval for remaining 1.5 years, but approval notice says its valid from Oct 2013 to Sept 2016 (for 3 years)

 

i have following questions based on this information

1. is there any issue with my case, should i be worried about this ?

2. is it possible that my case was considered as subject to cap since i had been out of US for more than a year (20 months) ?

 

please provide your thoughts

 

waiting for your response