Can my Indian employer (I am On leave wth them) file a H1 for me, while I am already working in USA for a different US employer?


Recommended Posts

I just returned from US due to no project and joined an Indian MNC IT company (Employer I), but I still have a valid stamped H1B (Valid 03/19) with another USA IT company (Employer U), a consulting firm.

So, I have job with an Indian MNC IT company (Employer I) and they will start my H1B visa process (LCA) next week. But my employer U in USA doesn’t know about this and I am still under their valid W2 and H1.

Today, I got a new project (Client) with employer U in USA & I would like to go to US & join the project in 3 weeks using my already stamped valid visa till 03/19. I am planning to take leave from ‘employer I’ after they file my H1B petition from India and then I will fly to US & join my new project with employer U. I am doing this because, the visa petition with ‘employer I’ will take 7 months and also, I don’t want to lose the Indian MNC (Emplr I) job/new filed visa.

Considering above case

1.            Is it possible for my new petition with employer I to be filed and processed as and when I am working in USA for an employer U?

2.            Will this situation affect my new filing H1 petition with employer I?

3.            Will there be any other future things to be worried for me, if I go with this plan?

Link to comment


This topic is now archived and is closed to further replies.