H1B Visa

[mrcoolbuddy]

Hi All,

I am currently in India after my L1B extension of stay denied in US 2 months back. I had previous H1B and eligible for cap exemption. I have approached my Spouse's company and they have applied for cap exemption (consular processing) and it got approved.

My current company(US based multinational company) with whom I had L1 is also ready to apply H1B now. Already one H1B petition is approved last month and I am planning to attend visa interview this month end. Is it good to apply one more H1B visa petition now? And if yes, Can i go for visa stamping for the petition applied by my current employer for better chances of visa.

Please advise as I am currently in confusion whether to apply for new H1B petition as I already have one approved petition and planning for visa interview end of this month.

Thanks,
Sundeep

[kabkaba]

Yes, any number of employers can file a petition for you.

You should apply for Visa using the one corresponding to the employer you are actually going to work for in the US. (Although for traveling if you have a Visa, you can use that with any petition).

[mrcoolbuddy]

Thanks Kabkaba.

Thanks Kabkaba.

So if I get visa with already approved petition now, Can I travel with that visa to work with my current employer in future(if the petition approves with my current employer also).

[kabkaba]

Yes.

[mrcoolbuddy]

Please suggest

Is there any chance that USCIS not accepting this new petition from my current employer as there is already an approved petition for consular processing?

I learnt this happened to one of our colleagues, not sure if he applied for cap exemption for cap subjective.

So can i first attend for the approved petition I have before I go for a new petition. I reason I am inclined towards my current employer is I may have better chances of getting visa as I am employed with this employer for last 8 years. Please suggest.

Thanks,
Sundeep

[kabkaba]

Is there any chance that USCIS not accepting this new petition from my current employer as there is already an approved petition for consular processing? -- Not for that reason.

I learnt this happened to one of our colleagues, not sure if he applied for cap exemption for cap subjective. -- If the current employer's petition is filed as cap-subject, it is possible that it is not accepted (not selected in the lottery). This is different from approval/denial.

So can i first attend for the approved petition I have before I go for a new petition. I reason I am inclined towards my current employer is I may have better chances of getting visa as I am employed with this employer for last 8 years. Please suggest. -- Whether you apply for a Visa using the previous petition or not makes no difference. The 8 year experience also makes no difference.

Thanks,
Sundeep

See above.

[mrcoolbuddy]

Thanks a lot Kabkaba.

[mrcoolbuddy]

One last question

Hi Kabkaba,

We discussed before that I can work for YYY employer even though I have stamped visa for YYYY employer. Is this got changed recently? Because when I had H1B stamped in 2006, employer name was also endorsed on the visa. Why the employer name on the visa, Does that mean that I have to work on H1B for that employer only.

Please help me understand.

Thanks,
Sundeep

[kabkaba]

It is part of the AC21 act and it is not recent, it has been in place for quite a few years.
The name of the employer is annotated on the Visa, but that does not mean that it is limited to that employer. Visa only allows you to travel to US. What you need for working is the approved petition filed by the employer.

[mrcoolbuddy]

Thanks Again Kabkaba.