H1B two petitions from different employers selected in lottery


sandys1484

Recommended Posts

Posted
I am currently working with a company X which is a big Indian MNC. I got a mail from  

company Y, which is a big staffing company worldwide, for a job offer for US and they said 

that they will file my H1B petition. As I was told that my current company X isn't going 

to file my H1, I went ahead with company Y and got selected in the interview process. 

Henceforth, they sent my petition for filing. Suddenly out of nowhere, at the last minute, my current company X said that they will be able to file my H1. As I had always preferred to file my H1 with my current company, I went ahead thinking that it is improbable that both my petitions will be selected. But then, the improbable happened and both my petitions were selected. Hence, I needed some advise on the below questions. Any other suggestions are welcome.

 

1) When do I have to decide that which company to opt for? Should I wait for the approved

petition form i797 to come to both companies and then let one of them know that I am opting out?

 

2) The outside company Y had mentioned over phone that there will be fine involved in case I back out after my application is selected in lottery or if I quit before 1 year. However, I checked the documentation I had signed which says that they will recover my "actual costs" like air fare etc and it was explicitly mentioned that the "actual costs" exclude H1 filing costs which cannot legally be recovered by company Y. So, in case I opt for my current company X, can company Y ask me for compensation through any means?

 

3) Any other things I need to take care of while going for Visa stamping? Should I have to 

mention anywhere that there is another approved petition in my name?

Archived

This topic is now archived and is closed to further replies.