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paru51

Multile H1 for H4

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In this case they didn't, that's why two H1's got selected. 

According to JOEF's theory:

 

Let's say, one person has multiple H1b petitions filed ( lets say 4 ) .. so USCIS clubs all 4 applications into 1 while doing lottery... DURING lottery, 85,000 applications are selected... So this person, who has 4 petitions clubbed into single .. gets selected in this process..

 

So what happens now... The count's doesn't match... 85,000 + (3 more applications.. which are in addition to 1 application).. so now altogether they picked 85,003 applications in lottery.... Since they selected 85,003 applications, they will have to process all of them and approve all of them, if genuine. USCIS has a cap of 85,000 H1b's per year..

 

Anyone who read's above hypothesis can clearly say that, this is not how USCIS operates.

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 This is an "error" by USCIS. I was able to have a corrected approval notice issued in such a case by emailing the premium processing unit.

Oh ok. I will let my friend know. If he wants, he can ask his employer to contact Murthy.com

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It will still count as one entry for the H1 lottery.

What is your proof of the statement?

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If you think that USCIS is not fair in making decisions, then you can simple avoid USCIS. But you have an option to question or request them why it was not a fair decisio, like MTR etc. ----

 

( Rahul---People don't like many things in life... but life just goes on... Don't tell me that everyone avoids everything they don't like...This is a forum to help people.. not to tell what is morally or emotionally right. People on Immigrant visa's don't want to do anything illegal... so please don't confuse them by giving lectures on how to be morally right...)

 

 

So did his employer's attorney asked USCIS why??---

 

Yes they are looking into this matter, I believe

 

 

That's not illegal, but that's misuse. By filing multiple H1's a genuine candidate will loose his chance to get his H1. If you know which is the best offer then go for that before filing multiple H1's. By avoiding multiple H1's you can avoid lottery, so that every one will get their H1's.

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According to JOEF's theory:

Let's say, one person has multiple H1b petitions filed ( lets say 4 ) .. so USCIS clubs all 4 applications into 1 while doing lottery... DURING lottery, 85,000 applications are selected... So this person, who has 4 petitions clubbed into single .. gets selected in this process..

So what happens now... The count's doesn't match... 85,000 + (3 more applications.. which are in addition to 1 application).. so now altogether they picked 85,003 applications in lottery.... Since they selected 85,003 applications, they will have to process all of them and approve all of them, if genuine. USCIS has a cap of 85,000 H1b's per year..

Anyone who read's above hypothesis can clearly say that, this is not how USCIS operates.

Sigh.

The visa numbers are per person. A person only gets counted once, even if the person is the beneficiary of multiple applications.

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What is your proof of the statement?

The law.

And USCIS Federal Register filings.

I suggest you use a search engine. You can find out a lot...

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Again I didn't said that's ILLEGAL, that's misuse . If people keep on doing those kind of things again and again that will create new problems.

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The law.

And USCIS Federal Register filings.

I suggest you use a search engine. You can find out a lot...

Oh Really.. I didn't know that... can you please post the link where it says, multiple h1B's from different employers are counted as single entry... H1b Visa is employer specific,,

 

there is a reason.. why a person can't apply for H1B.. since it is Employer related... Visa count is per person per employer.

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Again I didn't said that's ILLEGAL, that's misuse . If people keep on doing those kind of things again and again that will create new problems.

So you are saying, if a person has genuine multiple offers for H1B.. to try which one might get approved at the end,  is misuse???

 

So why are people applying for multiple universities for studying on F1 Visa...??? Why can't they just pick one university.. where they want to study and just apply for visa... Isn't it waste of time and resources of universities, which process admission for people, who never join their university????

 

It is because, people like to have a fall back plan..... can you please apply the same theory to H1B..

 

Please do not term it as misuse, just because it is misuse in your dictionary....

 

Bottom Line:   Where did USCIS say it is misuse.. if it is misuse.. it would have never allowed multiple filings for H1B....

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So you are saying, if a person has genuine multiple offers for H1B.. to try which one might get approved at the end,  is misuse???

I am not talking about the genuine applications.

 

 

 

So why are people applying for multiple universities for studying on F1 Visa...??? Why can't they just pick one university.. where they want to study and just apply for visa... Isn't it waste of time and resources of universities, which process admission for people, who never join their university????

Simple, their is no limit for student visa. You can just file one application or multiple, it won't effect any one except the applicant.

Whereas coming to H1, their are 100's of posts in this forum saying that they paid for H1 processing. So most of the applicants who filed multiple H1's are paying their own processing fee. You don't need proof for that, their are 100's posts in the internet on how people abuse H1.

 

Just filing H1 without any intention of joining that employer is misuse because a genuine candidate had lost his chance of getting his H1. And that's called misuse.

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Oh Really.. I didn't know that... can you please post the link where it says, multiple h1B's from different employers are counted as single entry... H1b Visa is employer specific,,

 

there is a reason.. why a person can't apply for H1B.. since it is Employer related... Visa count is per person per employer.

Do your own homework.

A visa number is assigned to a person. And a person is only counted once.

It is not rocket science.

The bottom line: Multiple applications do NOT increase the chances. They decrease the chances, due to RFEs and audits.

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I am not talking about the genuine applications.

 

 

Simple, their is no limit for student visa. You can just file one application or multiple, it won't effect any one except the applicant.

Whereas coming to H1, their are 100's of posts in this forum saying that they paid for H1 processing. So most of the applicants who filed multiple H1's are paying their own processing fee. You don't need proof for that, their are 100's posts in the internet on how people abuse H1.

 

Just filing H1 without any intention of joining that employer is misuse because a genuine candidate had lost his chance of getting his H1. And that's called misuse.

I agree Rahul, I am not supporting people who are paying for H1B. Paying for H1B is misuse definitely and illegal...

 

I am just supporting people who have genuine offers......

 

Why do you think.. it doesn't affect people, when people apply for universities...

 

When 5 students apply and if they only have 3 seats available in the program... they will give admission to only top 3 students, who qualify.. they don't give admissions to all 5 people and say... someone might drop out in the end...

 

So, In a way.. this does affect other  people right..... I am just talking moral stance.. which you guys are pointing out to be so bad...when it comes to H1B...

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Do your own homework.

A visa number is assigned to a person. And a person is only counted once.

It is not rocket science.

The bottom line: Multiple applications do NOT increase the chances. They decrease the chances, due to RFEs and audits.

I have done my own homework... Why don't you do yours...

 

No visa number is per person per employer when it comes in H1B.. Unless both employers file as joint H1B.. See the link below..

 

http://www.**********.com

 

No, it does... RFE's come, only when they see any fraud involvement.. not if they are genuine applications..

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Do your own homework.

A visa number is assigned to a person. And a person is only counted once.

It is not rocket science.

The bottom line: Multiple applications do NOT increase the chances. They decrease the chances, due to RFEs and audits.

i have done my homework... please post facts.. not what you think is right and legal... 

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I have done my own homework... Why don't you do yours...

 

No visa number is per person per employer when it comes in H1B.. Unless both employers file as joint H1B.. See the link below..

 

http://www.**********.com

 

No, it does... RFE's come, only when they see any fraud involvement.. not if they are genuine applications..

Some arbitrary commercial site, eh?

H1 numbers are per person. Otherwise, people would get counted again when they change employers.

All visa numbers in all categories are per person. H1 is no exception.

A person is only counted once. Period.

And instead of looking at some commercial website, maybe you should look into the law the next time...

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Some arbitrary commercial site, eh?

H1 numbers are per person. Otherwise, people would get counted again when they change employers.

All visa numbers in all categories are per person. H1 is no exception.

A person is only counted once. Period.

And instead of looking at some commercial website, maybe you should look into the law the next time...

Is everything except, what you are saying, Arbitrary?

 

New H1B Visa numbers are per person, per employer. H1B transfer is different than a new petition.

 

Do your homework... Please someone from Murthy Lawyer group confirm this???

 

Thanks

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I am not talking about the genuine applications.

 

 

Simple, their is no limit for student visa. You can just file one application or multiple, it won't effect any one except the applicant.

Whereas coming to H1, their are 100's of posts in this forum saying that they paid for H1 processing. So most of the applicants who filed multiple H1's are paying their own processing fee. You don't need proof for that, their are 100's posts in the internet on how people abuse H1.

 

Just filing H1 without any intention of joining that employer is misuse because a genuine candidate had lost his chance of getting his H1. And that's called misuse.

Rahul,

 

By your comment, do you believe that, H1b visa count is per person per employer?? Is that the reason why you vehemently opposing applying multiple H1B's ... Because, other people get affected, if multiple applications are selected for the same person.. 

 

If so, Can you please address JOEF's comments...

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Some arbitrary commercial site, eh?

H1 numbers are per person. Otherwise, people would get counted again when they change employers.

All visa numbers in all categories are per person. H1 is no exception.

A person is only counted once. Period.

And instead of looking at some commercial website, maybe you should look into the law the next time...

Why don't you post, which website are you referring to??

Is it because, you don't have anything to refer to?

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Why don't you post, which website are you referring to??

Is it because, you don't have anything to refer to?

The LAW is online at the USCIS website. Or can't you find that???

Do I really need to spoon-feed you???

Geez.

 

The bottom line: multiple H1s do NOT increase the chances.

And the numbers are per person.

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The LAW, the Immigration and Nationality Act, says:

"The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)-

(A) 2 under section 101(a)(15)(H)(i)(b), may not exceed--

(i) 65,000 in each fiscal year before fiscal year 1999;

...

(vi) 2/ 195,000 in fiscal year 2003 and

(vii) 2/ 65,000 in each succeeding fiscal year"

 

So, it is VERY clear that the quota count is per person ONLY.

That is all accessible from the USCIS website. There is a link to the laws on the front page.

Anybody with minimal skills to use the Web can find that.

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Rahul,

 

By your comment, do you believe that, H1b visa count is per person per employer?? Is that the reason why you vehemently opposing applying multiple H1B's ... Because, other people get affected, if multiple applications are selected for the same person.. 

 

If so, Can you please address JOEF's comments...

I don't know about visa count. All I know is about H1 cap count.

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The law at INA 214(g)(1) states,

"The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)- (A) 2 under section 101(a)(15)(H)(i)(b), may not exceed-- ....(vii) 2/ 65,000 in each succeeding fiscal year..."

 

That means visa numbers are counted per person, assuming USCIS is doing this right. So if a person has two petitions selected in the lottery, that is still only 1 visa number used.

 

However, that does not mean that additional petitions do not give additional chances to be selected in the lottery. One issue is how many entries into the lottery there are, the other is how many visa numbers are used for one person > two separate issues.

 

I have not seen any information as to how many separate entries into the lottery a person has where more than one petition is filed for him.

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I don't know about visa count. All I know is about H1 cap count.

It is one and the same.  

 

It looks like nobody (including Attorney)  has any clear knowledge about how the lottery happens.  Unless someone has some inside information from USCIS ,  it does not make sense for anybody to claim "what I say is right" -- more than one application (from different employers)  are considered separate entry to Lottery   OR are those considered as a single entry to Lottery . 

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It is one and the same.  

 

It looks like nobody (including Attorney)  has any clear knowledge about how the lottery happens.  Unless someone has some inside information from USCIS ,  it does not make sense for anybody to claim "what I say is right" -- more than one application (from different employers)  are considered separate entry to Lottery   OR are those considered as a single entry to Lottery . 

However, one can infer things what what USCIS has said.

They have said that they identify duplicate filings before the lottery happens. That is documented, in a USCIS document from 2011 in the Federal Register. They have to do this to exclude duplicate filings from one employer, which is illegal.

And it is trivial to then making sure that allowed duplicate filings are only counted once. Even USCIS can do this...

Hence my assertion that duplicate filings are only counted once.

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It is one and the same.  

 

It looks like nobody (including Attorney)  has any clear knowledge about how the lottery happens.  Unless someone has some inside information from USCIS ,  it does not make sense for anybody to claim "what I say is right" -- more than one application (from different employers)  are considered separate entry to Lottery   OR are those considered as a single entry to Lottery . 

Looks like attorney had responded, case closed now.

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