Duplicate H1B Cap Filings

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding the filing of duplicate/multiple H1B cap-cases.   

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

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1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

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[Renek]

My partner filed her lottery petition through multiple Desi consultants and her regular legitimate American job. She got picked with the American company. Is it safe to file the petition without risk of Noid or NOIR in future? 

I have spoken to some lawyers and they said it is safe to file the petition. But what about stamping? Can they deny you on grounds of lottery entry with a possibly fraud company even if your submitted petition is legitimate? 

[whitewwalker]

Hi there,
I'm currently in my final year of STEM OPT and had to submit multiple H1B registrations. I submitted four applications in total: one from my current employer, two from different employers, and my current employer also submitted one from their sister company without my consent. Out of these four applications, two were selected: one from my current employer's sister company and one from the other employer.

Now I'm contemplating whether it's safe to proceed with the H1B application from my current employer's sister company. I'm unsure if I should submit the required documents or wait until next year to try again.

Edited May 31, 2023 by whitewwalker

[Attorney_13]

Unless there are truly two separate and legitimate job opportunities that can be thoroughly documented when the H1B Petition is filed, related or affiliated companies are prohibited from submitting registrations for the same individual. Moreover, when there is no independent job opportunity, even unrelated companies may not act in concert to submit registrations to unfairly increase the chance of selection for the same individual. In fact, USCIS has recently been alleging fraud against employers that may have worked together to unfairly increase an individual's chance of selection, and will deny and revoke H1B petitions in these circumstances.