Multiple H1B Visas from Cap exempt as well as lottery picked petition

[akumar9753]

Hi,

 

I understand that there are some threads around multiple H1B petitions and visas but I have a slightly different case where one petition has been filed through cap exempt and the other through regular lottery system and hence would be great if I can get some help/answers. Please note that wherever I mention "visa" I do mean visa and not the petition

 

Below is my current situation

 

1) I am currently working for Company A in India

 

2) I had an unused approved H1B petition and had asked my company A if they would file a Cap exempt H1B petition. My company attorney said that we can use the old petition to file a cap exempt petition. However, there were no onsite requirements at that time and hence my company said that they would not be able to file a H1B petition for me

 

3) I found Company B that was ready to file an H1B for me but their attorney said that I was not cap exempt and hence they filed my petition under the cap for 2015(regular, not premium processing)

 

4) In the meanwhile my Company A said that there was some requirement and hence they filed a H1B petition under cap exempt(regular, not premium processing)

 

5) I have now got a confirmation from Company B that my petition has been picked by the lottery(I was not aware of this result when my own company A filed the cap exempt petition)

 

Based on the above, I have the following questions:

 

1) I now have 2 petitions filed by 2 different companies, one under cap exempt and another picked through lottery. My understanding is that this is legal and should not be a problem. Please confirm.

 

2) If both the petitions are approved, can I get H1B visa stamped for both the petitions(companies) at the same time, ie hold 2 H1B visas at the same time? If yes, are there any chances of denial during the visa interview or are there any complications?

 

The idea is that I could use my Company(A) visa and work in the US for that client till October(since this is cap exempt, I believe I can enter US any time) and then use Company B visa from Oct/Nov. Is this possible/feasible?

 

3) If I cannot hold 2 H1B visas at the same time, then how does it work? I have 2 cases now

a) If company A petition is approved first and I need to go for stamping and visa is approved

In this case, should I ignore company B petition when it gets approved and should not go for stamping? What would happen if I do appear for the visa interview for company B?

b) If I want to move to Company B after getting stamped for A, can I go for the visa interview for Company B? Will I be given a choice on which once to retain and which one to cancel?

 

4) If I can hold 2 visas at the same time, are there any complications around which visa I need to enter US or any other complications?

 

Your inputs/advise would be highly appreciated.

 

Regards

Amit

[jairichi]

 

Hi,

 

I understand that there are some threads around multiple H1B petitions and visas but I have a slightly different case where one petition has been filed through cap exempt and the other through regular lottery system and hence would be great if I can get some help/answers. Please note that wherever I mention "visa" I do mean visa and not the petition

 

Below is my current situation

 

1) I am currently working for Company A in India

 

2) I had an unused approved H1B petition and had asked my company A if they would file a Cap exempt H1B petition. My company attorney said that we can use the old petition to file a cap exempt petition. However, there were no onsite requirements at that time and hence my company said that they would not be able to file a H1B petition for me

 

3) I found Company B that was ready to file an H1B for me but their attorney said that I was not cap exempt and hence they filed my petition under the cap for 2015(regular, not premium processing)

 

4) In the meanwhile my Company A said that there was some requirement and hence they filed a H1B petition under cap exempt(regular, not premium processing)

 

5) I have now got a confirmation from Company B that my petition has been picked by the lottery(I was not aware of this result when my own company A filed the cap exempt petition)

 

Based on the above, I have the following questions:

 

1) I now have 2 petitions filed by 2 different companies, one under cap exempt and another picked through lottery. My understanding is that this is legal and should not be a problem. Please confirm.

 

2) If both the petitions are approved, can I get H1B visa stamped for both the petitions(companies) at the same time, ie hold 2 H1B visas at the same time? If yes, are there any chances of denial during the visa interview or are there any complications?

 

The idea is that I could use my Company(A) visa and work in the US for that client till October(since this is cap exempt, I believe I can enter US any time) and then use Company B visa from Oct/Nov. Is this possible/feasible?

 

3) If I cannot hold 2 H1B visas at the same time, then how does it work? I have 2 cases now

a) If company A petition is approved first and I need to go for stamping and visa is approved

In this case, should I ignore company B petition when it gets approved and should not go for stamping? What would happen if I do appear for the visa interview for company B?

b) If I want to move to Company B after getting stamped for A, can I go for the visa interview for Company B? Will I be given a choice on which once to retain and which one to cancel?

 

4) If I can hold 2 visas at the same time, are there any complications around which visa I need to enter US or any other complications?

 

Your inputs/advise would be highly appreciated.

 

Regards

Amit

 

1. Yes, it is fine.

2. Only one H1B visa will be stamped in a passport.

 

4. Refer 2.

[akumar9753]

Thanks a lot for you response!!!

 

I have a follow up question.

 

Since only 1 H1B visa will be stamped on the passport, what would happen if I were to attend both the interviews?

 

ie, if I were to get Company A stamped and then wish to join Company B, then can I go for stamping again?

 

In that case I understand that Company A visa will be revoked and Company B will be stamped. Please confirm

 

Amit

[akumar9753]

Hi Jairichi, can you please advise on my second post?

[jairichi]

Thanks a lot for you response!!!

 

I have a follow up question.

 

Since only 1 H1B visa will be stamped on the passport, what would happen if I were to attend both the interviews?

 

ie, if I were to get Company A stamped and then wish to join Company B, then can I go for stamping again?

 

In that case I understand that Company A visa will be revoked and Company B will be stamped. Please confirm

 

Amit

H1B visa is not tied to any employer. You can choose one and attend interview at US consulate. Later when you want to move to a new employer the employer has to file a cap exempt H1B petition and if your previous visa is valid there is no need for new visa stamping.