2 H1B petition from 2 different employers

[fromdips82]

I am currently in India.

1. My current employer A in India is filing H1B for year 2013

2. Another employer B in US(they have office in India too) is also filing H1B for year 2013

Q1. Suppose both petitions get approved. Can I decide myself which petition I should use in my visa interview and travel for that particular employer? Or I have to go for stamping with the H1B petition which has an approval date later compared to the other one? Is there any such rule or I have the complete flexibility which approved petition to choose?

Q2. If one petition gets approved and one petition gets denied, can I just proceed with the approved petition for visa stamping and travel for that employer? More specifically if the the denied petition has later date compared to the approved petition does it create any problem?

Kindly advice what is the rule.

[0407]

You can go with any petition and get it stamped. Technically, stamping on passport

can be with petition from a different employer than the employer for whom you intend

to work while entering USA. Meaning you can show stamping from A and I-797 from

B and seek to enter to work for B. But since you are entering for first time, get stamping

via the petition for which you plan to work

[fromdips82]

great..thanks for your response. a follow up question

I have already worked in US 3 years but in L1 visa...do you think I should still get stamping for the company I intend to work or I can show I-797 from company B when my visa is stamped from company A?

[0407]

Your L1 Employment doesn't matter ( except that L1 stay adds to the max stay possible under H1 if L1 was not at least a year before H1 beginning)

you can get stamping from whomever you want to

[gkt]

Hello All,

 

My question is slightly different from the situation in this thread. Here it is:

 

I have H1B filed (not stamped) by a non-profit employer. I plan to have a for-profit (65k cap) H1B filed through a consultant firm in April. If I were to travel to india in June and get my non-profit visa stamped, would the other, for profit petition (if approved) pose a problem in the consulate?