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Filing Multiple Cap Exempt H1b using Old H1b petition

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  • Filing Multiple Cap Exempt H1b using Old H1b petition

    Hi

    I'm on L1B Visa with Employer A, I also have an Approved H1b (not stamped) from Year 2009 Oct.
    Employer B is in process of filing new H1b under Cap Exempt using old H1b.

    Mean while my current employer (Employer A) is also willing to file Cap Exempt H1b using old H1b.

    Technically & Legally is it fine to file multiple cap exempt H1b using old H1b?

    I appreciate and thank you in advance for your response.

  • #2
    Originally posted by i_like_usa View Post
    Hi

    I'm on L1B Visa with Employer A, I also have an Approved H1b (not stamped) from Year 2009 Oct.
    Employer B is in process of filing new H1b under Cap Exempt using old H1b.

    Mean while my current employer (Employer A) is also willing to file Cap Exempt H1b using old H1b.

    Technically & Legally is it fine to file multiple cap exempt H1b using old H1b?

    I appreciate and thank you in advance for your response.
    Yes it is allowed but I would say avoid it, as it almost always leads to issues as one cannot control which one gets approved first/last.

    Do understand if B's petition is approved, as it would be a COS from L1 to H1, you must work for them and get paid by them post COS effective date.


    This is my opinion, not legal advice.

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