2 H1B Transfer Petition by same employer

[mavrick]

Hi, 

I was working for Employer A. Employer B filed for H1 transfer and after the receiving the receipt from USCIS i started working for Employer B. I received a RFE in a couple of days, RFE was regarding Job duties not fitting the Job Group on LCA. After talks with attorney and Employer B, a new LCA was filed and certified in a proper Job group.

 

Now getting ready to file for the new H1B transfer petition with USCIS in premium processing while the old RFE case is pending. We still have sufficient time to respond to the earlier RFE. The plan is to get this new H1B go through and if it gets approved, then withdraw the previous filed H1b transfer.

 

I have not heard of this scenario where the same employer has filed 2 H1B transfers for the same person, is this a step in the right way. The issue with the first petition cannot be resolved, so as soon as the RFE is responded to it is likely it will be denied which puts me out of status as i am already working for Employer B, the last resort would be to go back to Employer A who has still not revoked the H1. I am aware that every year when companies apply for a new H1B the USCIS has restrictions on no duplicate filings because of the 85k limit, but in my case here it is a transfer petition for an already existing H1b visa, so in this case it is an exception given the the LCA needs correction?.

[jairichi]

An employer cannot file two H1B petitions for same employee. Your attorney must be aware of this.

[mavrick]

Thank you for the reply, how is this situation to be rectified then as:

1. Ammending an ongoing petition will lead to denial
2. Cannot alter LCA on existing petition
3. Cannot wait till denial of first case as i will go out of status