Parallel H1 filing by two employers

[nikhilhunk]

I am currently working with Employer A in India. Employer B, a US company has already started with my H1B Premium processing. While the application is being filed, My current employer, Employer A has also asked me to submit my documents for H1B filing. However, they will be using the normal procedure to file H1B visa.

Could you please help me with the following :

1. Is it legal to have two H1B visa application from different employers?

2. If both the applications reach USCIS, is any of the application automatically rejected?

3. Will any of these employer come to know that the Visa processing is already in progress from other employer?

4. As I explained that my current employer in India is going to start with the procedure for H1 filing, at what point of time do they actually pay the necessary fees for my Visa. Is it as the begining when LCA is prepared or it is when the petition is sent to USCIS?
If it is paid when the petition is sent to USCIS, it would almost 1.5-2 months from today when they will actually pay for the fees. This way I will be able to save their money as I will have clear idea about H1B visa status in next 15-20 days( through Employer B's Premium processing).


5. Assuming that the Visa from Employer B gets approved and I start working with them in the US. During this time, if I find another employer in US, and I wish to transfer the Visa to this new employer, what is the process involved and how much does it cost in money and time?

[kabkaba]

I am currently working with Employer A in India. Employer B, a US company has already started with my H1B Premium processing. While the application is being filed, My current employer, Employer A has also asked me to submit my documents for H1B filing. However, they will be using the normal procedure to file H1B visa.

Could you please help me with the following :

1. Is it legal to have two H1B visa application from different employers?
Absolutely.
2. If both the applications reach USCIS, is any of the application automatically rejected?
None will be rejected.
3. Will any of these employer come to know that the Visa processing is already in progress from other employer?
No, they will not.
4. As I explained that my current employer in India is going to start with the procedure for H1 filing, at what point of time do they actually pay the necessary fees for my Visa. Is it as the begining when LCA is prepared or it is when the petition is sent to USCIS?

When petition is sent to USCIS.

If it is paid when the petition is sent to USCIS, it would almost 1.5-2 months from today when they will actually pay for the fees. This way I will be able to save their money as I will have clear idea about H1B visa status in next 15-20 days( through Employer B's Premium processing).

LCA takes 7 days after submitting, so after that if it takes them 2 months to send the petition, yes your understanding is correct.

5. Assuming that the Visa from Employer B gets approved and I start working with them in the US. During this time, if I find another employer in US, and I wish to transfer the Visa to this new employer, what is the process involved and how much does it cost in money and time?
Another employer will have to file a petition for you like before and if that is approved you can work with them. It is like any other H1 petition and will take the same time. Fees are to be paid by the employer.

See above.