Although we are still awaiting the anticipated H-1B Cap multiple filing regulations, we have received confirmation from the USCIS Vermont Service Center that they do have the ability to identify multiple H-1B filings "and take appropriate action." What that action might be should be included in the new regulation.
Just to clarify, the H-1B multiple filing regulations will be aimed at employers that file more than one H-1B petition for the same employee as a means to try to increase their H-1B Cap lottery chances. It is unlikely the new regulation will prohibit multiple, different employers from filing H-1B petitions for the same individual, which is currently allowed.
Friday, March 14, 2008
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7 comments:
Hello, I am done with my Master's requirements in a US university but didn't get the degree yet. Planning to get my H-1 filed in the Master's quota using a course completion letter stating that I am done with all the degree requirements but the degree will be conferred in May. To be on the safe side can I also get my H-1 filed in the general quota by a different employer (I have 2 job offers)? As the regulation on multiple H-1s hasn't come out yet, but the processing for H-1 filing by the employers has to begin immediately, how safe is it to apply through 2 different employers, one in the Master's and the other in the general quota? Thanks!
This information is really good.
This portal is really help full for many who are looking for up to date information related to H1B.
Thanks for starting such a nice informative site.
so if multiple employers apply for multiple petitions for the same person, he has a better chance of successful lottery as of now, is it?
What would happen if both get selected in lottery?
Thank you for the kind words. We are glad this blog is helping to disseminate accurate information about the H-1B Cap - something we found was lacking last year.
As it currently stands, it is legal for two different employers to file an H-1B petition on behalf of the same individual. Both can also be approved, but the individual can only work pursuant to one of the approved petitions.
At this point, we can't say for sure if the new regulation will change this or not.
Now that the rule has come out, is it absolutely safe to file H-1s with two different employers in the situation in comment 1 above? Thanks.
Hi Marc
This information is really good.
The time and effort you are putting in everyday to enlighten public with the latest updates on H1B is really appreciable......Keep up the Good work....
Marc,Now(March 19th,2008) that USCIS has released its interim addressing "MULTIPLE FILINGS ISSUE"....... What are your thoughts/comments on "Multiple H1B filings for the same candidate(2 job offers) by unrelated employers (i mean different companies).....Do you still think its okay?
Do you think in any way CANDIDATE will be at risk of denied H1B entirely if multiple petitions are filed for the same candidate who got 2 job offers from two different companies....and each of them filing h1B separately
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