Multiple H1B Petitions

[Attorney_22]

This week, the Murthy Law Firm attorneys will answer questions relating to those with multiple H1B petitions.    

 

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[drusa_2006]

A Physician currently in 8th year of H1b. Have never been counted in Cap H1b ever before. Currently on H1b with Company B - Full time hospital employer not for profit company... I have an approved I-140 from prior company A already. Currently on the 3 year extension based upon the I-140 approved before from Company A. Company B has applied for PERM.

 

 

I have concurrent part time H1b with Company C - cap subject employer. IF I want to Switch Full time to Company C soon before Oct 1st , then what strategies do we have possible ? Is it possible to start before Oct. 1st Full time with Company C ?

 

PD is from Feb. 2013, so its not current and never been able to apply for I-485 as yet.

[veerareddy4u]

Hi,

Can we apply Multiple H1B petitions from different companies? what will happen when both get picked in lotter?

 

Thanks.

[Attorney_20]

Hi,

Can we apply Multiple H1B petitions from different companies? what will happen when both get picked in lotter?

 

Thanks.

The law states that an employer or “related entities (such as a parent company, subsidiary, or affiliate)” “may not file, in the same fiscal year, more than one H1B petition on behalf of the same [cap-subject beneficiary]...” unless there is “a legitimate business need” for a “materially distinct employment position.”

[Attorney_11]

A Physician currently in 8th year of H1b. Have never been counted in Cap H1b ever before. Currently on H1b with Company B - Full time hospital employer not for profit company... I have an approved I-140 from prior company A already. Currently on the 3 year extension based upon the I-140 approved before from Company A. Company B has applied for PERM.

 

 

I have concurrent part time H1b with Company C - cap subject employer. IF I want to Switch Full time to Company C soon before Oct 1st , then what strategies do we have possible ? Is it possible to start before Oct. 1st Full time with Company C ?

 

PD is from Feb. 2013, so its not current and never been able to apply for I-485 as yet.

There are many ways one can approach this, but an optimal personalized legal strategy would require evaluation of factors not mentioned in this post. It is advisable to seek the counsel of a qualified immigration attorney experienced in physician matters.

[h1bdoc]

will the multiple H1bs have any impact on stamping . I have 1 primary and 2 concurrent H1b from different employer. I am worried about stamping if I travel to India. Kindly let me know. Thanks

[Attorney_22]

Generally, provided you are working pursuant the terms of your H1B petition with your primary employer (I assume full-time), and are applying for an H1B visa based on this primary sponsor, your part-time concurrent employment petitions should not be an issue. However prior to proceeding it is best to speak directly with a qualified immigration attorney to discuss other considerations based on the specific facts of your circumstance.  

[sharmalov1984@gmail.com]

Hi,

Can we apply Multiple H1B petitions from different companies? what will happen when both get picked in lotter? Both companies are not related to each other...Please let me know is there any risk involved in it?

 

Thanks.