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L1B to H1B COS with two employers

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  • L1B to H1B COS with two employers

    I am in US on L1B now.
    In July 2011 Company B applied for my H1B with COS. Still awaiting answer on that. I am expecting an answer around first 2 weeks of October.
    Now I got an offer of fulltime employment with Company C and they want to file a H1b with COS under premium processing asap. I cannot ask them to wait for Company B’s petition result because I do not know the outcome.
    I finally want to work for Company C. Please guide me how to work for C without ruining my status
    1. Can two companies file my H1B with COS as I do not know the outcome of Company B’s petition yet.
    2. So what happens if I get Company B’s COS first?
    3. What happens if I get Company C’s COS first?
    4. Do I have to tell Company C about the other petition before they apply?
    Please advice as soon as possible

  • #2
    Originally posted by psona View Post
    I am in US on L1B now.
    In July 2011 Company B applied for my H1B with COS. Still awaiting answer on that. I am expecting an answer around first 2 weeks of October.
    Now I got an offer of fulltime employment with Company C and they want to file a H1b with COS under premium processing asap. I cannot ask them to wait for Company B’s petition result because I do not know the outcome.
    I finally want to work for Company C. Please guide me how to work for C without ruining my status
    1. Can two companies file my H1B with COS as I do not know the outcome of Company B’s petition yet.
    Yes, no problem
    2. So what happens if I get Company B’s COS first?
    You will have to leave A and join B. You can leave B and join C after C's petition gets approved.
    3. What happens if I get Company C’s COS first?
    You can join C and forget about A and B.
    4. Do I have to tell Company C about the other petition before they apply?
    No need.
    Please advice as soon as possible
    It is better if C applies in premium so that they will get a decision in 15 days.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks so much for your reply. Appreciate it.

      I have just one more question, if I get the Company Cs approval before "joining" Company B can I join C directly.

      Example :
      Today 15th October .
      COmpany B H1B cos effective 20th October
      Company C H1B cos effective 22 October.

      I resign from L1 company and serve notice period and join Company C directly on 22nd. Or is it that my COS happens on 20th October so I have to join Company B.

      I hope its clear

      Thanks in advance

      Comment


      • #4
        This gets too complicated.
        IMO you can do what you propose in such a scenario and 2 days of out of status period may be ignored in future applications.
        This is my opinion and not legal advice.

        Comment


        • #5
          Two H1 Applications picked up in Lottery - Will it be a problem?

          Originally posted by kabkaba View Post
          This gets too complicated.
          IMO you can do what you propose in such a scenario and 2 days of out of status period may be ignored in future applications.
          Hi Kabkaba,

          I am on L1B in USA. I applied H1B thru two employers and both are picked up in lottery. Is there any chance of RFE if I don't withdraw one of the applications?

          Comment


          • #6
            Originally posted by Ramesht View Post
            Hi Kabkaba,

            I am on L1B in USA. I applied H1B thru two employers and both are picked up in lottery. Is there any chance of RFE if I don't withdraw one of the applications?
            As long as both are for different positions this alone wouldnt be the cause of RFE, if any.

            This is my opinion not legal advice.

            Comment

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