Filing two H1B petition


sgmoveout

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HI,

Seeking expert advise on the following scenario.

Currently I am working on L2 and my Current employer(Emp A) is  filing an H1B petition this year(APR 15).  

I would like to get H1B file by another employer (Emp B) as well to increase the chance of winning lottery. 

My intention is to continue working  with Emp A only.

 

Will EMP A  be able to file Cap exempt petition if the following scenario arises.(without me actually joining Emp B at any time)

 

Emp A's  H1B petition did n't win lottery

Emp B's  H1B petition got selected in lottery

 

 

Thanks in advance,

 

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Filing multiple H1s does not increase the chances.

Either none or both applications would be selected.

Filing multiple applications would likely lower the chances of approval, because USCIS is likely to issue RFEs, due to suspicion of foul play, e.g., the beneficiary paying for one or more of the applications, which is illegal.

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Are you sure its lottery? Where did you buy the lottery tickets?

USCIS terms it "random selection".

 

As per USCIS link below, they do the random selection based on petition packets not on individual beneficiaries. They put a unique numerical identifiers on the packets and process the random selection on those numbers. Then they send these numbers to respective service centers to process those petitions. If not selected they return the unopened packets to filers. Following this, looks like multiple filing from different employers may increase the chances for getting H1b. But, at the same time if your intent is wrong, or target to dupe USCIS, they have various tools to detect which I don't know.

 

http://www.uscis.gov/archive/archive-news/uscis-runs-random-selection-process-h-1b-petitions%C2'>

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They have to identify duplicate filings before the random selection, because duplicate filings by the same employer are not allowed.

Hence, it is trivial to use the same numerical identifier for all the filings for the same beneficiary. That's why either none or all applications for the beneficiary are selected. And since it is one numerical identifier for all the petitions for a particular beneficiary, the chances are not increased.

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I was not selected in random selection of 2008 (MS quota).

As per conversation with attorney, they received unopened packed from USCIS.

I think they randomly select first, and then disqualify duplicate petitions (from same employer). In case of duplicate petitions, they don't return fees.

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This is called greediness. In that case, work for B n get ur h1 transfer to A if A intends to do so.

  Just some ideas for survival,(people who dont know the full story can call greediness),  You may n't be aware, there are so called "employers (B)" who are willing to file H1B knowing the candidate will NOT   work for them.

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I was not selected in random selection of 2008 (MS quota).

As per conversation with attorney, they received unopened packed from USCIS.

I think they randomly select first, and then disqualify duplicate petitions (from same employer). In case of duplicate petitions, they don't return fees.

 

That won't work, because if they don't open applications, they would not be able to find duplicate petitions from the same employer at all. If what you say was true, this could happen: An employer files 2 petitions for the same employee, one is selected, the other one is returned unopened, with the applications not being disqualified.

 

To detect duplicate applications from the same employer and disqualify them, they have to open all applications. That's the only possible way.

And based on that, it is trivial to ensure that allowed multiple applications are only counted once.

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Are you sure its lottery? Where did you buy the lottery tickets?

USCIS terms it "random selection".

 

Bought from here :)

 http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap-0

          USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough...

 

So USCIS  uses the term "lottery"  as well.   .

 

Thanks for the rest of the information posted.

 

>>>

But, at the same time if your intent is wrong, or target to dupe USCIS, they have various tools to detect which I don't know.

<<<

 

I am not sure if  USCIS consider multiple H1B petitions  by different employer's as illegal. Do  you know if anywhere USCIS says its policy about this ?

 

 

 

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"I am not sure if  USCIS consider multiple H1B petitions  by different employer's as illegal. Do  you know if anywhere USCIS says its policy about this ?"

 

=> Multiple filing is not fraud. But, as per many posts, in case of multiple petitions, USCIS was interested to know the reason behind multiple filing. You fail to reply properly or they sense any fraud, your career is gone forever in USA. 

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