Multiple H1b Approved Petitions

[deephoenix]

Need clarity --

1. I have 2 employers A and B filing H1's for me in year 2011. Is it legal?

2. If both get approved, is it my choice which one to use for stamping and finally working?

3. Let's say I choose A and start working for them, then later decide that I want to work for B. What will B employer need to do? Can I just use his old petition which was approved. Will we require new H1/LCA etc? ('A' and 'B' are in different states.. if that matters).

4. Can you highlight the cases in point when one needs to get H1 amendment and/or new LCA?

[shervin143]

1. I have 2 employers A and B filing H1's for me in year 2011. Is it legal?
>>> Yes.

2. If both get approved, is it my choice which one to use for stamping and finally working?
>>> Yes.

3. Let's say I choose A and start working for them, then later decide that I want to work for B. What will B employer need to do? Can I just use his old petition which was approved. Will we require new H1/LCA etc? ('A' and 'B' are in different states.. if that matters).
>>> Employer B will need to file the H1B transfer. Alternatively, you can leave the country and return back with employer B's petition (No need to go for stamping if you have a valid H1B visa in your passport - Even if it is stamped for employer A) and other supporting documents from Employer B.

4. Can you highlight the cases in point when one needs to get H1 amendment and/or new LCA?
>>> A LCA is required for each specific location that you work. Example: If you are working for employer A at location Z and if they ask you to work at location Y, then a new LCA and an H1B amendment is required.
https://www.immihelp.com/h1b-petition-amendment/

[deephoenix]

Hi,
Thanks for answers. For question 3, why I need to leave the country and come back, when employer B has valid petition and I-94 on that petition. Also as I understand there is nothing called H1 transfer, its mostly a new H1 petition you file. Since employer B already have approved petition, will it make any sense to file another H1..

[shervin143]

You need to have a valid I-94 associated with a particular petition. You cannot just switch from employer A to B without informing USCIS whom you are currently working for. When you enter U.S with employer A's petition, you will get a new I-94 associated with that petition thus allowing you to work for employer A. In order to work for employer B, you will need an I-94 associated to their petition. How do you get that one? One way is to file a transfer. Yes, transfer is nothing but a new H1B petition on the same CAP. When that petition gets approved, you will get a new I-94 with the approval notice which will allow you to work for employer B (If the approval doesn't come with a new I-94, then you cannot continue to work for that employer until you meet a consular officer either at the U.S consulate or at the POE). The other option is to leave the country and return back with employer B's petition which will get you a new I-94 at the POE that is associated with employer B's petition.

Hi,
Thanks for answers. For question 3, why I need to leave the country and come back, when employer B has valid petition and I-94 on that petition. Also as I understand there is nothing called H1 transfer, its mostly a new H1 petition you file. Since employer B already have approved petition, will it make any sense to file another H1..

[Ramesht]

Two H1 Applications picked up in Lottery - Will it be a problem?

I am currently in USA on L1. I applied two H1s thru different employers and both of them are picked in lottery. 1) Do I need to withdraw one petition? 2) Will it create any problems if I don't withdraw either of the applications the application as I am still waiting for final approval. 3) What should I do if both are finally approved?

[rubadevi]

Hi Ramesh,

I am currently in USA on L1. I applied two H1s thru different employers and both of them are picked in lottery. 1) Do I need to withdraw one petition? 2) Will it create any problems if I don't withdraw either of the applications the application as I am still waiting for final approval. 3) What should I do if both are finally approved?

Hi Ramesh, what can be done in this situation.? you got any suggestions on this multiple approved petitions?