can I file a new h1b petition if there is already filed last year

[panacea6565]

Hi All,

 

Can my current Employer 'A' file a new fresh H1b petition, as last year a company B(I never worked with it) has filled H1b petition and it got approved(the only proof I have for this is the receipt number and i checked on USICS that its approved).

And right now B is very sluggish and I dont want to lose the opportunity with my current employer A for filling H1b petition on 1st April(lottery system).

 

Thanks In Advance

[rahul412]

Hi All,

 

Can my current Employer 'A' file a new fresh H1b petition, as last year a company B(I never worked with it) has filled H1b petition and it got approved(the only proof I have for this is the receipt number and i checked on USICS that its approved).

And right now B is very sluggish and I dont want to lose the opportunity with my current employer A for filling H1b petition on 1st April(lottery system).

 

Thanks In Advance

Why fresh H1?? Why not cap exempt H1 petition??

[jairichi]

Use that H1B receipt for employer A to file a cap exempt H1B petition.

[panacea6565]

Why fresh H1?? Why not cap exempt H1 petition??

 

 

Use that H1B receipt for employer A to file a cap exempt H1B petition.

 

 

Thanks for letting me know that only receipt number can work, but I have inhibitions that 'A' might not go ahead if I tell them that I had applied for H1 last year through some company and its approved and I have receipt number from them.

Thats why I asked question : is it mandatory to tell A about my earlier H1B approval etc ?

[jairichi]

Thanks for letting me know that only receipt number can work, but I have inhibitions that 'A' might not go ahead if I tell them that I had applied for H1 last year through some company and its approved and I have receipt number from them.

Thats why I asked question : is it mandatory to tell A about my earlier H1B approval etc ?

Should not be an issue to disclose it to employer. Be upfront about it and do not hide.

[rahul412]

Thanks for letting me know that only receipt number can work, but I have inhibitions that 'A' might not go ahead if I tell them that I had applied for H1 last year through some company and its approved and I have receipt number from them.

Thats why I asked question : is it mandatory to tell A about my earlier H1B approval etc ?

But what will you do if your petition doesn't get selected in the lottery??

[panacea6565]

But what will you do if your petition doesn't get selected in the lottery??

Thanks Rahul for your concern! I agree with your view point.

But my company is applying H1b in general for me(means showing carrot by big MNCs to employees), rather than any specific requirement(and no one is in hurry) and if h1b is applied in lottery it might give them a lot of time to think and plan.

 

And suppose I tell them that I have H1b approved receipt number, then they might not go at-all (as there is no such requirement as of now).

Thats why I asked, is it mandatory to tell them about my earlier petition approval ??

[wiweq]

'A' might not go ahead if I tell them that I had applied for H1 last year through some company and its approved and I have receipt number from them.

 

Why A will mind this? This is making thier job easy.

[rahul412]

 

And suppose I tell them that I have H1b approved receipt number, then they might not go at-all (as there is no such requirement as of now).

Thats why I asked, is it mandatory to tell them about my earlier petition approval ??

That's not possible, H1 cannot be filed without a requirement.

[panacea6565]

That's not possible, H1 cannot be filed without a requirement.

I agree with you, H1b can not filled without requirement. But at the same time, at times, big MNCs has a small qouta for filling few proactive visa. And my case falls in this qouta.

 

 

But looks like you are trying to iterate again and again that if I tell them about my already approved H1, it will only help everyone, and there is a very RARE chance that they get annoyed and not go ahead. Alright

 

At the same time, can you please help me with one of my still pending question : Is it mandatory to tell my current employer 'A' about my earlier petition approval ??

[panacea6565]

Hi Wiweq/Vivek

Agree with you rationale, but I am picked (by my manager and leadership team) for filling H1b in lottery for this year, and they do not have slightest of the idea, that I already have approved h1b last year(from a consultancy), so this can also act as a setback to them and as a result jeopardice my case altoghether of getting H1b(lottery or transfer) from my current employer 'A'.

 

Moreover, I only have receipt number and no proof that this receipt number is linked/mapped to me. No 797 or any other paper. So not sure, how much this make sense

 

'A' might not go ahead if I tell them that I had applied for H1 last year through some company and its approved and I have receipt number from them.

 

Why A will mind this? This is making thier job easy.

[wiweq]

"can you please help me with one of my still pending question : Is it mandatory to tell my current employer 'A' about my earlier petition approval ??"

 

Its not important what you have to tell to your employer. You have to tell truth in all cases, at least in immigration cases. In the process of H1b filing, there will be various employer's, and USCIS's  immigration forms. Make sure not to lie!

[rahul412]

 

 

At the same time, can you please help me with one of my still pending question : Is it mandatory to tell my current employer 'A' about my earlier petition approval ??

 

No its not mandatory, but its better to tell the truth.

[mmohankr]

Panacea ---- If you did not have paychecks with Emp B at any point, your H1B is not active, so you are not cap exempt. You cannot use your H1B approval to file a new H1B with Emp A. Simple

 

Can someone respond to my issue?:

My first Emp A filed my H1 in 2012 valid until April 2015. Second Emp B filed my H1 in 2013 valid until 2016 April. Is it feasible and valid legally to jump from Emp A to Emp B before my H1 expires with Emp A - April 2015?

[jairichi]

Panacea ---- If you did not have paychecks with Emp B at any point, your H1B is not active, so you are not cap exempt. You cannot use your H1B approval to file a new H1B with Emp A. Simple

 

Can someone respond to my issue?:

My first Emp A filed my H1 in 2012 valid until April 2015. Second Emp B filed my H1 in 2013 valid until 2016 April. Is it feasible and valid legally to jump from Emp A to Emp B before my H1 expires with Emp A - April 2015?

Your response to Panacea is wrong. As long a person's H1B petition is approved under cap s/he is cap exempt.

 

In your case employer B can file a cap exempt H1B petition and after approval you can join employer B.

 

Note: If employer B has not revoked your H1B petition that is wrong.

[mmohankr]

Jairichi,

 

In my case, i am already on 4th yr H1..my Emp A is filing extension at the moment but Emp B had filed my H1B in 2013 that is valid till 2016. Can I transfer to EMP B and not have to file any extensions, as long as it is valid till 2016. Correct?

[mmohankr]

JAirichi,

 

Are you sure my response is wrong? When you file for an extension or transfer, you always have to provide recent paychecks with existing or previous (respectively) employer. But in Panacea's case, he/she hasn't moved to the approved H1B petitioned employer, meaning his/her payroll is not from the employer who filed H1B

[jairichi]

Jairichi,

 

In my case, i am already on 4th yr H1..my Emp A is filing extension at the moment but Emp B had filed my H1B in 2013 that is valid till 2016. Can I transfer to EMP B and not have to file any extensions, as long as it is valid till 2016. Correct?

It is wrong from employer B's part of not having your H1B petition revoked when you have not joined them. Yes, if the petition is still active you can join employer B.

[jairichi]

JAirichi,

 

Are you sure my response is wrong? When you file for an extension or transfer, you always have to provide recent paychecks with existing or previous (respectively) employer. But in Panacea's case, he/she hasn't moved to the approved H1B petitioned employer, meaning his/her payroll is not from the employer who filed H1B

Only when one is in US and worked for an employer pay stubs are required for filing an extension or transfer. Pay stubs are required to ensure that one maintained valid status during filing of extension or transfer. Since Panacea never worked for employer B and is not currently in US on H1B there is no need for pay stubs.

[mmohankr]

Only when one is in US and worked for an employer pay stubs are required for filing an extension or transfer. Pay stubs are required to ensure that one maintained valid status during filing of extension or transfer. Since Panacea never worked for employer B and is not currently in US on H1B there is no need for pay stubs.

But, Panacea hasn't mentioned he is not in US. He is working for Emp A, probably here in USA, meaning he is probably working on some other status such as OPT. And, Thanks for your response on my question about switching.