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Can an employer apply for two H1bs for me if the positions are different?

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  • Can an employer apply for two H1bs for me if the positions are different?

    The current position will be for outpatient office with a for-profit employer so it will not be cap excempt and subsequently will be effective Oct/1/2012.

    They said that one of the hospitals they have privelages at is not for profit and has residency program so they can apply for a cap excempt H1b.


    So, can the same employer apply for two H1bs if the position is different? That will save me from being out of status between the expiration of my J1 status and the effective date of my H1b status (I have a hardship waiver of the two years requirement).

  • #2
    They should consult an experienced lawyer about this.
    This is my opinion and not legal advice.

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