Urgent Help Needed -- Multiple Approved H1 Petitions of 2013.

[Ram.eluri]

Hi,

I work for a big IT MNC -- 'A' in India. I joined this company on the promise of H1B in 2010. For 2 years in a row, my manager betrayed me with out filing H1B during last minute. Hence I started looking out for a good outside employer in 2013. Luckily another small IT company -- 'B' of India, which also operates in USA and is a real company of around 500 employees strength, after conducting an interview selected me and processed my H1B (for 2013 H1B Quota). Suddenly my manager during the last minute filed my H1B through company -- 'A' also in 2013.

Thus unintentionally I ended up with two employers filing H1B for me. Unluckily or luckily both the H1B petitions are picked up in lottery and are approved now. Now I am in total confusion of which company to choose. I work for employer 'A' at India and If I attend for stamping with 'A' petition, I am sure, it will be a cakewalk. If I attend for stamping with employer 'B' petition, the Visa stamping officer may ask me several questions, as I am not working for that company and they recruited me for an inhouse project. But company 'B' is paying 20K/Year more than company 'A' and also company 'B' promised me Green card processing. Also my present employer Company 'A' does not have an onsite position available now immediately and I may need to wait for 8 months to go to USA.

1. Please let me know in this case, can I first of all attend stamping with any one of the petitions ?

2. Does the Visa officer will have information that I have two approved petitions ? Do the Visa officer object for anything ?

3. As my fiancee is in US, for me to get stamped is very important. Please let me know your opinion on whether I need to attend stamping for Company 'A' or Company 'B' ?

Appreciate your help.

[kadkhiq81]

If I am you, I would go with compnay A and get the stamping first. Once you have your visa, You can decide whether you want to continue with them or to move to different employer at any point of time. For me, It is first to get the visa stamping easily rather than thinking about the green card processing.

This is me!!

[Ram.eluri]

Thank you very much for your information.

From bottom of my heart, I really thank you for your opinion.

As you said, my first preference would be to get a safe stamping. Let's Say, if I attend Visa stamping with Company 'A' petition, then after the stamping, can I travel with company 'B' petition which is in other state ? Is that accepted ?

I mean to say, is there a link between H1B Visa stamped and Petition with which we have attended for stamping ?

Please share your valuable thought on this.

[Nattybone]

From bottom of my heart, I really thank you for your opinion.

As you said, my first preference would be to get a safe stamping. Let's Say, if I attend Visa stamping with Company 'A' petition, then after the stamping, can I travel with company 'B' petition which is in other state ? Is that accepted ?

I mean to say, is there a link between H1B Visa stamped and Petition with which we have attended for stamping ?

Please share your valuable thought on this.

Hello, Ram.

Tell me something, this is an H1B visa (and not L1), so even if you are not working for Employer B, they sponsoring your H1B matters little. I could be working for Infosys in India, and Google might pick me for a job in US. So, that does not weaken my case if i decide to go ahead with Google without having worked there.

Personally, i liked your Employer B, he is sponsoring your GC as well. Which is a big big relief.

Hope this helps. Wishing you luck.

Cheers,

[Ram.eluri]

Thank you very much. Please confirm me on my last query.

Hi kadkhiq81 and Nattybone,

Thank you very much for your replies.

Just to confirm, Both the employers have sponsored me H1B for this year and both are approved now. But employer A for which I am working is one of the top Indian IT companies and the Client is a well known US company. I have seen no rejections till now in my team. But the problem with the employer A is that I can't change company at US and I would travel on rotation basis. Hence I have to come back to India after 2 years, which of course I do not want to. If I take a jump in US while working for employer A, I need to forget about experience letter. That is the only disadvantage. Also I have to wait for 8 months for my turn to travel now.

On the flip side, the employer B is not a famous or well known company. But it is a real company and they took no single rupee from me to process H1B. Their salary is also decent. My only worry is that VISA stamping officer might ask me questions related to in house project and employer A.

I have a doubt. If I attend for stamping using employer A -- I797 and then my VISA gets stamped, can I travel to US with my H1B stamped passport along with the approved petition (I797) of employer B, with out letting employer A know about this ? Employer A and B are in different states. Does the immigration officers do not allow me at POE ?

Your replies will really help me to decide my career direction. Your help is very much appreciated.

Thanks again.

[kabkaba]

Hi,

I work for a big IT MNC -- 'A' in India. I joined this company on the promise of H1B in 2010. For 2 years in a row, my manager betrayed me with out filing H1B during last minute. Hence I started looking out for a good outside employer in 2013. Luckily another small IT company -- 'B' of India, which also operates in USA and is a real company of around 500 employees strength, after conducting an interview selected me and processed my H1B (for 2013 H1B Quota). Suddenly my manager during the last minute filed my H1B through company -- 'A' also in 2013.

Thus unintentionally I ended up with two employers filing H1B for me. Unluckily or luckily both the H1B petitions are picked up in lottery and are approved now. Now I am in total confusion of which company to choose. I work for employer 'A' at India and If I attend for stamping with 'A' petition, I am sure, it will be a cakewalk. If I attend for stamping with employer 'B' petition, the Visa stamping officer may ask me several questions, as I am not working for that company and they recruited me for an inhouse project. But company 'B' is paying 20K/Year more than company 'A' and also company 'B' promised me Green card processing. Also my present employer Company 'A' does not have an onsite position available now immediately and I may need to wait for 8 months to go to USA.

1. Please let me know in this case, can I first of all attend stamping with any one of the petitions ? -- Yes, you can apply for your Visa using either petitions.

2. Does the Visa officer will have information that I have two approved petitions ? Do the Visa officer object for anything ? -- That makes no difference.

3. As my fiancee is in US, for me to get stamped is very important. Please let me know your opinion on whether I need to attend stamping for Company 'A' or Company 'B' ?
-- Whichever employer you actually intend to work for after arriving in the US.
Appreciate your help.

See above.

[kadkhiq81]

"I have a doubt. If I attend for stamping using employer A -- I797 and then my VISA gets stamped, can I travel to US with my H1B stamped passport along with the approved petition (I797) of employer B, with out letting employer A know about this ? Employer A and B are in different states. Does the immigration officers do not allow me at POE ?"


I am not sure whether you can travel using B's petition with the stamped visa "A" name on it as both these petition have been applied during the same time (I mean 2014 quota). I am not sure. Any seniors could direct you on this. However I can tell you what else you can do if this option did not work out for you.

1. Get your visa stamped while you are with your company A. Find another employer C who can transfer your approved petition in premium mode.
2. Once it is approved, resign from your current employer A legally and then travel using C's petition with the stamped visa. You will not have any issues at the port of entry if you have all the valid documents.

This is my opinion based on my expereience.

[Nattybone]

Hi kadkhiq81 and Nattybone,

Thank you very much for your replies.

Just to confirm, Both the employers have sponsored me H1B for this year and both are approved now. But employer A for which I am working is one of the top Indian IT companies and the Client is a well known US company. I have seen no rejections till now in my team. But the problem with the employer A is that I can't change company at US and I would travel on rotation basis. Hence I have to come back to India after 2 years, which of course I do not want to. If I take a jump in US while working for employer A, I need to forget about experience letter. That is the only disadvantage. Also I have to wait for 8 months for my turn to travel now.

On the flip side, the employer B is not a famous or well known company. But it is a real company and they took no single rupee from me to process H1B. Their salary is also decent. My only worry is that VISA stamping officer might ask me questions related to in house project and employer A.

I have a doubt. If I attend for stamping using employer A -- I797 and then my VISA gets stamped, can I travel to US with my H1B stamped passport along with the approved petition (I797) of employer B, with out letting employer A know about this ? Employer A and B are in different states. Does the immigration officers do not allow me at POE ?

Your replies will really help me to decide my career direction. Your help is very much appreciated.

Thanks again.

Hello, Ram.

Do not worry about size and name of a company. I feel you have a good case: Experience with a large MNC, And a genuine good mid to small size company sponsoring your H1B. The officer himself is not a technical person, to know more than you. If you are still worried, you should study more on Company B and make yourself thorough. (I know someone who got an H1B for an unknown Real Estate company in California, in India this person was with American Express).

End of the day, the choice is yours. But, look at it this way, your battle does not end after entering USA. Your employer needs to be good and cooperative for the next 5-10 odd years (If you are a EB2 GC). Changing employers there, and filing GC are not easy. Do factor in all these things.

I wish you all the best.

Cheers,

[mba83]

Multiple Approved H1 Petitions of 2013.

Hi Ram.eluri

Can you share your feedback.
Which employer you selected and what was the outcome.