Urgent Help Needed -- Multiple Approved H1 Petitions of 2013.

[ram.eluri]

Hi,

 

I work for a big IT MNC -- 'A' in India. I joined this company on the promise of H1B in 2010. For 2 years in a row, my manager betrayed me with out filing H1B during last minute. Hence I started looking out for a good outside employer in 2013. Luckily another small IT company -- 'B' of India, which also operates in USA and is a real company of around 500 employees strength, after conducting an interview selected me and processed my H1B (for 2013 H1B Quota). Suddenly my manager during the last minute filed my H1B through company -- 'A' also in 2013.

 

Thus unintentionally I ended up with two employers filing H1B for me. Unluckily or luckily both the H1B petitions are picked up in lottery and are approved now. Now I am in total confusion of which company to choose. I work for employer 'A' at India and If I attend for stamping with 'A' petition, I am sure, it will be a cakewalk. If I attend for stamping with employer 'B' petition, the Visa stamping officer may ask me several questions, as I am not working for that company and they recruited me for an inhouse project. But company 'B' is paying 20K/Year more than company 'A' and also company 'B' promised me Green card processing. Also my present employer Company 'A' does not have an onsite position available now immediately and I may need to wait for 8 months to go to USA.

 

1. Please let me know in this case, can I first of all attend stamping with any one of the petitions ?

 

2. Does the Visa officer will have information that I have two approved petitions ? Do the Visa officer object for anything ?

 

3. As my fiancee is in US, for me to get stamped is very important. Please let me know your opinion on whether I need to attend stamping for Company 'A' or Company 'B' ?

 

Appreciate your help.

[jairichi]

 

Hi,

 

I work for a big IT MNC -- 'A' in India. I joined this company on the promise of H1B in 2010. For 2 years in a row, my manager betrayed me with out filing H1B during last minute. Hence I started looking out for a good outside employer in 2013. Luckily another small IT company -- 'B' of India, which also operates in USA and is a real company of around 500 employees strength, after conducting an interview selected me and processed my H1B (for 2013 H1B Quota). Suddenly my manager during the last minute filed my H1B through company -- 'A' also in 2013.

 

Thus unintentionally I ended up with two employers filing H1B for me. Unluckily or luckily both the H1B petitions are picked up in lottery and are approved now. Now I am in total confusion of which company to choose. I work for employer 'A' at India and If I attend for stamping with 'A' petition, I am sure, it will be a cakewalk. If I attend for stamping with employer 'B' petition, the Visa stamping officer may ask me several questions, as I am not working for that company and they recruited me for an inhouse project. But company 'B' is paying 20K/Year more than company 'A' and also company 'B' promised me Green card processing. Also my present employer Company 'A' does not have an onsite position available now immediately and I may need to wait for 8 months to go to USA.

 

1. Please let me know in this case, can I first of all attend stamping with any one of the petitions ?

 

2. Does the Visa officer will have information that I have two approved petitions ? Do the Visa officer object for anything ?

 

3. As my fiancee is in US, for me to get stamped is very important. Please let me know your opinion on whether I need to attend stamping for Company 'A' or Company 'B' ?

 

Appreciate your help.

 

My suggestion for you would be is to go for a H1B visa interview with employer A's documents and approved I797 as you are confident that your H1B visa would be approved. After H1B stamping weigh all options and decide whether you are going to join A or B. If you decide to join employer B then travel to US with H1B visa and show employer B's I797 at POE.

[ram.eluri]

Hi jairichi,

 

Thank you very much for your reply.

 

My Employer A and Employer B are in different states.

 

If my passport gets stamped with employer A's documents and approved I797, can I travel with to Employer B's state along with employer B's I797 ?

 

Does immigration officer at POE of employer B's state does not raise any questions ?

 

Is H1B visa stamped on the passport directly not tied to the specific employer's approved I797 ?

 

Your answers to the above question is very important from my perspective. Thank you very much once again.

[jairichi]

Hi jairichi,

 

Thank you very much for your reply.

 

My Employer A and Employer B are in different states.

 

If my passport gets stamped with employer A's documents and approved I797, can I travel with to Employer B's state along with employer B's I797 ?

 

Does immigration officer at POE of employer B's state does not raise any questions ?

 

Is H1B visa stamped on the passport directly not tied to the specific employer's approved I797 ?

 

Your answers to the above question is very important from my perspective. Thank you very much once again.

H1B visa could be stamped for one employer but at POE you could enter US with that visa and approval notice (I797) of different employer. This is what happens when one changes employers as they do not need to go for H1B visa stamping but need to have an unexpired visa and I797 document from new employer when entering US.

 

In short visa is not employer specific but I797 document is. If immigration officer at POE questions you then you could tell him the reason why you decide to enter with employer B's I797.

 

Do check with murthy law firm to be 100% sure about this possibility.