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H1 COS applied by two different employers. how to go about it?

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  • H1 COS applied by two different employers. how to go about it?

    Hi,

    I am currently in US on L1B. Two different employers filed for Change of status (COS) from L1b to H1b in a span of 1 week.

    Here are my questions:
    1. If my COS with employer A is approved on Jan 25 and another one employer B on Jan 31, do I receive 2 different I94?
    2. If I join employer A on Jan 25 and wish to change to employer B on Jan 31, can I do that?
    3. What happens with 2nd i94, if I stick to employer A itself? which i94 holds true in this case?
    4. What exactly will tell USCIS that I am finally settling with a particular employer (A/B)? the one who generates paystub first?
    5. Is it a problem in getting COS from 2 different employers at the same time?

    Please let me know this ASAP, as those two L1B to H1b transfers are under review. Thanks

    Regards,
    Dude

  • #2
    1. If my COS with employer A is approved on Jan 25 and another one employer B on Jan 31, do I receive 2 different I94?
    >>> Yes.

    2. If I join employer A on Jan 25 and wish to change to employer B on Jan 31, can I do that?
    >>> Yes.

    3. What happens with 2nd i94, if I stick to employer A itself? which i94 holds true in this case?
    >>> That shouldn't matter. If you stick to employer A, then you will have to file the extension before their petition/I-94 expires. When you leave the country, return all the I-94's to the airport officials.

    4. What exactly will tell USCIS that I am finally settling with a particular employer (A/B)? the one who generates paystub first?
    >>> Since you have approval to work for both the employers you can chose one over other. As per USCIS regulations, the employer is suppose to revoke the H1B petition when you no longer work for them. That is the employer's responsibility. However, you cannot work for both the employers at the same time since you have approval notice for both (This is allowed only if the H1B's are filed as concurrent H1B petitions).

    5. Is it a problem in getting COS from 2 different employers at the same time?
    >>> No.
    Not a legal advice. Use of this information is strictly at your own risk.

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