Multiple H1 filings

[maindoor]

Hi,
I know quite a few experts hang around here, and I wanted to know some detail about multiple H1 filings. There is some confusion about this going on
around here and elsewhere too, so here is my question.

Can two companies A and B file H1 petitions for the same person "Raj" at the same time ? Remember it is not the same company but two different companies and the two companies A and B are not related to each other in any way. Is
this legal ? Lots think this will this increase the probability of getting your H1
approved, is this true ?

Satish.

[itzprams]

So far the rule says USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with multiple or duplicate petitions. This does not apply if parent company and subsidiary filing for same person or different companies filing for the same person. This is a loophole in the law.

[txh1b]

Possible as of now. Remember, USCIS changed it in the last week of March last year. They may fix this loop hole this year.

[maindoor]

not really a loophole

I kind of agree with what you are saying but this is not really a loophole,
it is absolutely possible and understandable for two different companies to
hire/"apply h1" for a good employee.

[itzprams]

I kind of agree with what you are saying but this is not really a loophole,
it is absolutely possible and understandable for two different companies to
hire/"apply h1" for a good employee.

Original idea behind H1B visa is, sponsoring H1b to a skilled professional for using his/her services. lets say comp A and B SPONSORED your visa.Both are approved by USCIS. You joined comp B. Comp A can file a law suit against you for liquidated damages.

Looking at the economy, multiple H1b filing is possible only when an employee pays to the different employers to increase the chances.

[txh1b]

Well said Itzprams! I second that. Employee making an express promise to join a H1b sponsor and not joining could construe a breach of contract (even verbal) and employer can sue.

[itzprams]

Well said Itzprams! I second that. Employee making an express promise to join a H1b sponsor and not joining could construe a breach of contract (even verbal) and employer can sue.

Thank You txh1b for supporting my statement!

[maindoor]

makes sense

The visa officer asks the candidate what he wants to do with
the second H1. For what ever reason the person chooses company A and
the "visa officer" cancels the H1 for company B. Now he can't really work
for company B without a visa, now can he ? can the company B still sue ?

Let's say that the person chooses company A for better work and refuses
company B, can the company B find out the exact reason from
the consulate ? or is the only way for company B to find the outcome of the
visa interview is the candidate ?

I'm sorry if these questions are too basic, I'm just trying to get the context
here. I'm sure lot of folks will find this discussion useful.

[txh1b]

VO does not care if you have 1 sponsor or 10 sponsors.

[ajaysharmlondon]

h1 b legal charges

company B can pursue liquidated damage charges against you if you have singed any documents with them.
Nobody want to get cheated by anybody. If I were company B, I would have made you sign you the documents because I know what you guys are upto.

Isn't it irony that here I am taking side of the company which otherwise is the opposite. But people like you disgust me who think short term and want to dupe the companies who want to hire you.

I think all the companies should start charging $5k to people like to so that genuine people do not suffer in the process.

Ajay

VO does not care if you have 1 sponsor or 10 sponsors.

[txh1b]

But people like you disgust me who think short term and want to dupe the companies who want to hire you.

Hello??? And so do people like you that can't read the entire thread nor it's context and quote someone for no reason.