H1B 2016 Petitions filing from 2 different US Companies

[vishalnayan]

Sub : H1B 2016 Petitions filing from 2 different US Companies

Hi There

I have 2 job offers and both the companies are filing my H1B Petition on 1st April 2015.

1. Can 2 LCA be filed for same candidate by 2 different companies.
2. Can 2 H1B petitions be filed for same candidate by 2 different companies.
3. If both petitions get selected in the lottery,can i get visa stamping for both the companies.
3.1 If Yes, on which visa shall/should i travel to US.
3.2 If yes, can i stay in US on two different H1B visa and later choose to work for one,and decline another. I want to keep both the visa in case both are selected till the end as I'm not sure which company shall call me first to US.
4 After the petition is approved, can i go to US consulate outside India as i hold Indian passport but live in Mauritius.
5.LCA number and H1B petition number are different,which one should be used to track your petition status.

Thanks in Anticipation

[raghvi]

Sub : H1B 2016 Petitions filing from 2 different US Companies

Hi There

I have 2 job offers and both the companies are filing my H1B Petition on 1st April 2015.

1. Can 2 LCA be filed for same candidate by 2 different companies.
2. Can 2 H1B petitions be filed for same candidate by 2 different companies.
3. If both petitions get selected in the lottery,can i get visa stamping for both the companies.
3.1 If Yes, on which visa shall/should i travel to US.
3.2 If yes, can i stay in US on two different H1B visa and later choose to work for one,and decline another. I want to keep both the visa in case both are selected till the end as I'm not sure which company shall call me first to US.
4 After the petition is approved, can i go to US consulate outside India as i hold Indian passport but live in Mauritius.
5.LCA number and H1B petition number are different,which one should be used to track your petition status.

Thanks in Anticipation

1. Yes.
2. Yes.
3. No.
3.1 Lets say you successfully get A's visa on a hypothetical date of 01-Sep-2015, and then go attend visa stamping for B on 15-Sep-2015, if B's visa is approved, A's visa would get cancelled.
3.2 While entering US you need to declare which employer you are going to initially work for and show that employers Petition. Once in US you can always file for a "transfer". Understand visa and petition are two different things and need not follow a one is to one relation. What I would suggest is that over the period of time from 01-April-2015 till petition approvals , you will eventually determine that one employer's visa has higher chances of approval, it could be any reason employer not able to provide project details or end client details or tax documents etc. Then attend interview with the petition of the employer you feel more confident of.
4. If you live and work in Mauritius you may have a case to attend visa stamping in Mauritius itself, how long have you been in Mauritius?
5. Petition number.

This is my opinion not legal advice.

[vishalnayan]

Hi Raghvi

Thanks for reply , i have follow up questions;

1. I have been living in Mauritius steadily since Jan 2013
2. When you think all LCA should have been filed ,i.e how much days before H1B petition filing.
3. Do i need to share client detail where i shall actually be working (could be other than direct employer) + offer letter from Employer , to the consulate while attending visa interview.

Regards

1. Yes.
2. Yes.
3. No.
3.1 Lets say you successfully get A's visa on a hypothetical date of 01-Sep-2015, and then go attend visa stamping for B on 15-Sep-2015, if B's visa is approved, A's visa would get cancelled.
3.2 While entering US you need to declare which employer you are going to initially work for and show that employers Petition. Once in US you can always file for a "transfer". Understand visa and petition are two different things and need not follow a one is to one relation. What I would suggest is that over the period of time from 01-April-2015 till petition approvals , you will eventually determine that one employer's visa has higher chances of approval, it could be any reason employer not able to provide project details or end client details or tax documents etc. Then attend interview with the petition of the employer you feel more confident of.
4. If you live and work in Mauritius you may have a case to attend visa stamping in Mauritius itself, how long have you been in Mauritius?
5. Petition number.

This is my opinion not legal advice.

[raghvi]

Hi Raghvi

Thanks for reply , i have follow up questions;

1. I have been living in Mauritius steadily since Jan 2013
2. When you think all LCA should have been filed ,i.e how much days before H1B petition filing.
3. Do i need to share client detail where i shall actually be working (could be other than direct employer) + offer letter from Employer , to the consulate while attending visa interview.

Regards

1. If your employment is in Mauritius you can try attending it there, check with local consulates if they entertain TCN (Third Country National) for H1 visa interview.
2. LCAs are required to be submitted along with the H1 petition, so if your employer's are planning to have the petition at USCIS office on 01-Par-2015, to avoid missing out on a potential lottery, then typically the LCAs would have been got by March 15th itself.
3. Yes they typically ask where you would be working, and you should not lie.

This is my opinion not legal advice.