Filing Multiple H1B - Cap exempt - possible?

[shaha466]

Hi,

 

I was working full-time with one of the management consulting firms and got laid-off on August 8, 2014. A small consulting company (A) is ready to do the H1 but does not have the client letter to support. They are ready file the H1b in regular processing and by the time USCIS comes back with RFE they said I will be placed at the client site. Also, I am expecting to get a couple of job offers by the time the H1 is processed from company A.

 

At that point, can the new employer file another H1 in premium processing and get it approved? I am hearing mixed reviews that simultineously 2 H1b petitions are not allowed by USCIS even if it is from different employers.

 

Note: I already have an H1 and therefore I will be cap-exempt now.

 

Any help is greatly appreciated.

 

Best Regards

 

[jairichi]

It is fine. Since you are out of status from 8th August 2014 you cannot join employer based on H1B receipt notice. Your H1B petition will be approved without I94. You have to exit and enter US with a valid H1B visa and I797 to start working.