Multiple H1s picked up in lottery, possible options

[Krishna.]

Hi, 

I had 2 different employers filing H1s claiming me as the beneficence and both were picked up in the lottery and I already have received receipts for both.

 

I am currently with one of the employer on OPT and on a continued project from last year. The other employer filed trying to fill a position with their client and want me to accept their position starting October. Now the employer wants me to conform the acceptance of the job offer or else they would withdraw the H1 filed on their behalf. 

 

What is the best thing to do given these options, so that I won't have to deal with or try avoiding any RFE or NOID etc situation. 

1. Continue with my present employer and update the other employer that I won't be joining them. So, that they will be withdrawing the H1 
2. Accept the offer and have my present employer withdraw their H1

 

So, my question: which option is best to avoid any possible issues- to withdraw one of the H1s or not to withdraw and have both of them processed. 

 

Also, are there any new rules or changes from last year in handling Multiple H1 filings. 

 

Note: I have both H1 being filed under premium, so I need to act asap. Please advise. 

[JoeF]

Either none or all petitions would be selected. There is no "one gets picked and the other doesn't." USCIS identifies multiple applications before the lottery.

If you paid for any of the  H1 petitions, they both are likely to get denied after receiving RFEs.

If everything was by the rules, and you didn't pay for any of the H1s, and the employers all had valid client letters, an employer withdrawing his petition wouldn't be a problem.

If there is something fishy, it is unlikely you would get an H1.

[wiweq]

Choosing employer/ offer is your personal preference. Deal it. You can choose either one. 

[Krishna.]

Choosing employer/ offer is your personal preference. Deal it. You can choose either one. 

May be I wasn't clear. I was trying to ask if having any of the employer withdraw his petition is a good option or to have both of them processed by USCIS and then have one of them cancelled or withdrawn.

[wiweq]

May be I wasn't clear. I was trying to ask if having any of the employer withdraw his petition is a good option or to have both of them processed by USCIS and then have one of them cancelled or withdrawn.

Any option is not going change any result. They already have all data entry done. If your intent was in good faith, you should be good. If your intention was bad faith (e.g. to increase chances for random selection), USCIS will find it out.

[gkviveklee]

Hi Krishna, I am also in same situation. What happened to your petition? What did you do finally ?