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Confused !!!! Help Me !! H1 - B got Picked up twice

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  • Confused !!!! Help Me !! H1 - B got Picked up twice

    1stly this is strange case - just want to know weather i am safe or not .


    I have completed my masters from University "A" in march 08 . After all the discussions in press [ USCIS ] before applying for h1 - I have decide to apply h1 from TWO DIFFERENT employers - Employer X and Employer Y two different thinking it would be a lottery this time even for master's students [ To make myself clear is it right to apply from two different employers as the interim rule says you can apply from two different employers but not from same employer twice]. Fortunately my thinking went right it was lottery this time for even master's students . Now the big Problem is that now i got picked up at two employers , both got my receipt . So i'm worried how the process will go on from now provided what if they find out i applied twice from different employer mind it . Is there a chance for them to declined .

    Or if not thats a big issue what if i get two h1 can i choose one of them and decline ??? Big question ....Help me out !! i am on OPT now ...

    --> how de process goes on from here
    --> if i get two h1 how do i choose & what are the things i need to do.
    --> is this an issue to apply from two different employers
    --> Am in safe position "?" Big question if not can you tell me what to do from now ..
    Last edited by Nick04; 05-07-2008, 02:27 AM.

  • #2
    The only risk is that you may be sued by one of the employer.

    Comment


    • #3
      Lottery and success

      Well !! I Dint singed any papers @ employer's place . And i payed for myself for h1 @ one employer .

      ---- All along before the aH1 application process astarted and even after that people wer yelling that one should not be paying for thier H1. No amount of explanation will ease your situation

      ---- At present all you can do is wait for the approval notice (s) and decide whom to join. Be ready for an explanation and to offer an excuse to give to the other employer as to why you will not join them

      ---- This will remain the problem with lottery. When it falls there will be a windfall

      Subramanya

      Comment


      • #4
        Hi

        Hi , it is legally permissible from an immigration law point of view to file multiple H1B petitions. The USCIS is supposed to check and not count the same person twice under the lottery system and the H1B quota and the concern is that, if they count the same person twice then two of the limited quota numbers will have been used up by the same person instead of another person having oppurtunity. It is attempting and understandable for one to attempt filing H1B with more than one employer , but there is also a concern of a braech of contract by promising to work for two employers on a full time , permenant basis.








        Originally posted by Nick04
        1stly this is strange case - just want to know weather i am safe or not .


        I have completed my masters from University "A" in march 08 . After all the discussions in press [ USCIS ] before applying for h1 - I have decide to apply h1 from TWO DIFFERENT employers - Employer X and Employer Y two different thinking it would be a lottery this time even for master's students [ To make myself clear is it right to apply from two different employers as the interim rule says you can apply from two different employers but not from same employer twice]. Fortunately my thinking went right it was lottery this time for even master's students . Now the big Problem is that now i got picked up at two employers , both got my receipt . So i'm worried how the process will go on from now provided what if they find out i applied twice from different employer mind it . Is there a chance for them to declined .

        Or if not thats a big issue what if i get two h1 can i choose one of them and decline ??? Big question ....Help me out !! i am on OPT now ...

        --> how de process goes on from here
        --> if i get two h1 how do i choose & what are the things i need to do.
        --> is this an issue to apply from two different employers
        --> Am in safe position "?" Big question if not can you tell me what to do from now ..

        Comment


        • #5
          USCIS may possibly issue RFE asking for which employer you want to join while processing the case if they find out two petitions. That would mean busted as both employers will get the RFE and you will be busted. Both could choose not to answer the RFE as they know that you cheated them by promising to join them and your H1b will not be processed.

          BTW, paying for H1b is ILLEGAL and you don't seem to care much about that. Having read the USCIS memos and understood other things, I assume you have the US based education to understand the H1b rules and NOT to buy a job but to earn it. Unfortunately not!

          All you can do is pray now and hope there are no problems and wait for the outcome.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Thanks Gurus , i paid for my self in the sens gave check in the name of the employer not in the name of USCIS ...neways they will return the total amount divided into equally and add to my pay check .


            My main concern is what will happen with USCIS . Not with the Employers . Any idea "?"?""?"?"?"?"

            Comment


            • #7
              Seems like both employers are your "buddies" as you are not worried about what will happen by their ends.

              Another thing is "weather" as in "how is the weather?" is not the same as "whether" synonymous to "If".

              Like Txh1b said, your buddies might get RFEs. You and your buddies decide.
              Check out H1 FAQs first!
              http://www.immihelp.com/visas/h1b/h1-visa-faq.html

              Comment


              • #8
                Not Buddies !!!! And i said i am not worried about the employers because they just know me ....and thanks a lot for correcting for weather for WHETHER ...it was typo [email protected] 3.am in the morning ...O.K Comming to the point ...

                Whats the next step / " IF "/ USCIS issue RFE's to Employers. Does it mean NID
                [NOTICE OF INTENT TO DENY ]. In case of RFE what are the chances of denying my petition. How will they take my case "?" any idea /"?"....

                Comment

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