Multiple H1B Petition filing

[sattvic2780]

Hi,

I believe multiple petition by the same employer for the same person is illegal and fraud.

1. Is petition by different employer for the same person considered illegal?

2. Should I inform the later petitioner about the previous filing?

In my case I have more than 10 years of experience and on L1B with my current employer for more than 4 years, in US for more than 3 years.

I first filed a petition through a consultant. Later my current employer wanted to file a H1B instead of L1B extension. Now two petitions are filed, both employers doesn't know about the other filing. Is it legal and ok? Do I need to withdraw one of the petitions or inform USCIS about two filing?

Please advise. Thank you.

[JoeF]

While petitions by multiple employers are allowed, no sane employer would spend the money to file an H1 if he doesn't have the reasonable expectation that the person will actually work there.

[GPRK]

Guru4Vis,

I also have similar situation.

My H4-H1 COS(Applied under last year quota) is pending in RFE response review. Its more than 90 days and i am still waiting.

Now i got very good job offer from a big Company and they are ready to file my H1 with COS immediatly under PP( As i come under quota exempt and i have previous H1 approved from this company but later converted to H4).

Now i am really confused if i should go ahead with new offer while my previous H1 under last year quota is still pending.

what might be the situation if i go ahead and apply another H1 with new employer? Any RFE will be issued now regarding my old petition?

If i go ahead and apply COS from two different employers? Which will be considered as final one when approved?

Do have any information from on this? I would really Appreciate your inputs.

When is your initial petition filed?

Anyone please suggest .

Thanks.

[GPRK]

I am also in Similar situation

My H4-H1 COS(Applied under last year quota) is pending in RFE response review. Its more than 90 days and i am still waiting.

Now i got very good job offer from a big Company and they are ready to file my H1 with COS immediatly under PP( As i come under quota exempt and i have previous H1 approved from this company but later converted to H4).

Now i am really confused if i should go ahead with new offer while my previous H1 under last year quota is still pending.

what might be the situation if i go ahead and apply another H1 with new employer? Any RFE will be issued regarding my old petition?

If i go ahead and apply COS from two different employers? Which will be considered as final one when approved?

Anyone have come across this type situation? I really appreciate if someone gives me inputs.

Please advice.

[curiousness]

I am currently employed and my current employer holds my H1. But now, I am looking for switching to a different company.

I received an offer letter from this another company and they would want to begin the extension process with the immigration office as soon as possible.

Let’s say I accept the current offer and they file for my H1 extension. Within a week or 10 days Company X (that I might prefer over the offer that I have) offers me a job and wants to file for the H1 as well. But, at that point in time the other company’s H1 petition would be in a pending status at the immigration office.

Well this has two cases:

1. I am awaiting my H1 receipt and Company X wants to file for my H1.

2. I have the receipt and awaiting my I-797 and then Company X wants to file for my H1.

Questions:

A. What are the possible consequences for the aforementioned scenarios?

B. How will it affect my chances of getting into Company X?

C. In any of the cases would I have to be with the other company until I receive my H1 (might take a month or two) and then move to Company X?

I prefer being in Company X over the company that has just offered me a position and H1 extension. Not sure what should I do at this point in time. Wait or accept the offer and begin the extension process with the undesirable company?

Please advise.

Thanks!

[panacea6565]

Hi Guru4Vis,

 

If you dont mind, please share if its all good to go ahead : h1b petition by different employer for the same person

 

I am india and never been to US, and might be filling h1b petition with 2 future employers(desi consultant and big MNC)

Reason:There can be lottery this year, and I do not want to miss the bus

 

Hi,

I believe multiple petition by the same employer for the same person is illegal and fraud.

1. Is petition by different employer for the same person considered illegal?
2. Should I inform the later petitioner about the previous filing?

In my case I have more than 10 years of experience and on L1B with my current employer for more than 4 years, in US for more than 3 years.

I first filed a petition through a consultant. Later my current employer wanted to file a H1B instead of L1B extension. Now two petitions are filed, both employers doesn't know about the other filing. Is it legal and ok? Do I need to withdraw one of the petitions or inform USCIS about two filing?

Please advise. Thank you.

[rahul412]

Reason:There can be lottery this year, and I do not want to miss the bus

That won't give you any benefits. They still treated as single entry.

[vinuraji]

Hi panacea6565,

 

I am also looking for same. Really iam in confused state.. could you please call me to **********?

[ImmigrationH1B]

I heard this time they will pick the lottery with passport numbers so if some one files double they may hold both of them or they may enquire wether both employments are genuine or not