Is it legal to apply for multiple H1-Bs when on L2?

[srini1223]

Hi,

I am on L2, for obvious reasons I should be applying for H1.

My question here is can I apply for two H1-Bs at a time from two different employers A and B without knowing each other?
Primarily, is it legal to file multiple H1-Bs? Following sub questions are source of this question...

1. Even both got picked up will that be considered as one out of quota or two?

2. If both got picked up, do I have a choice to choose which one to go for or to stay back on L2?
If Yes, how would I hear? The employers will have to let me know or USCIS will notify me? And how I would be able to proceed on it?
or will both of them get approved without intervention of me/Employers? Will there be some issues to be phased.. please post, if any such in your thought

3. If for some reason if both of them got rejected, Will I be able to continue work on L2?

Than You,
Srini

[raghvi]

Hi,

I am on L2, for obvious reasons I should be applying for H1.

My question here is can I apply for two H1-Bs at a time from two different employers A and B without knowing each other?
Primarily, is it legal to file multiple H1-Bs? Following sub questions are source of this question...

1. Even both got picked up will that be considered as one out of quota or two?

2. If both got picked up, do I have a choice to choose which one to go for or to stay back on L2?
If Yes, how would I hear? The employers will have to let me know or USCIS will notify me? And how I would be able to proceed on it?
or will both of them get approved without intervention of me/Employers? Will there be some issues to be phased.. please post, if any such in your thought

3. If for some reason if both of them got rejected, Will I be able to continue work on L2?

Than You,
Srini

It is legal as long as its by different employers and for different positions.
1. If both get picked it will be 2 out of the quota.
2. Yes you do get a choice. Its the employer's petition and hence they would let you know. Its very rare that both the petition get approved with same start date. In such cases, I would assume the one approved last would take precedence. So suppose L2 to H1 COS for A gets approved first and then later, L2 to h1 COS for B gets approved, then you have to work for B and get paid by B. The complexity comes in when suppose your L2 to H1 with COS gets approved for A, and you must and should join A on COS date, suppose L2 to H1 COS for B gets approved after that, you should immediately start work with B.
3. Yes as long as your L2 is intact and your spouse in valid L1 status.

This is my opinion not legal advice.