H4 to H1 COS with multiple employers


chikalsri

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Posted

Hi,

I have got offers from two companys and they are ready to file for my H1B this year

CompanyA is filing for my COS from H 4 to H1 and I will be on H1 from October 2013

What if CompanyB also files for my COS and if my both H1B's get approved

I will decide on october whether to move with companyA or CompanyB.

Say if I go ahead with companyA. Will there be any problem as companyB is also filing for my COS ?

Will it be ok if I will start working with companyA from october and if companyB do not file for my COS?

Kindly, please clarify my question so that I can decide and move ahead with filing with only one company

Posted

Its recommended to file only with one company, the company you think has more chances for H-1 to be approved.

Any reasons behind this recomendation?

Multiple H1b filing is perfectly fine.

Posted

"But, lets say if we do file and we get approved, do we get two I-94 cards? then how to determine which one is valid? "

=> Once you get two H1b approved, you will get two I94s. You need to choose at least one employer and maintain your H1b with them. You will maintain this H1b by working for them and getting paid regularly. The related I94 is your actual I94. You should decline the other H1b's offer in written, and keep the mail as record. This will make sure that you were aware about this H1b petition and you don’t intent to maintain the related H1b. Once you decline the offer/ resign, its employer’s burden to revoke your H1b. It doesn’t matter if they revoke your H1b or not, the related I94 has not meaning for you.

The actual I94 is the one, which you chose to work for.

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