File two h1b from two different company

Asked over 1 year ago - Kokomo, IN

I've heard that it's legal to file two h1b from two different companies. If both approved, how to let uscis know which company i want to work for? Do I need to contact uscis directly or through layer from the companies?

Additional information

What are things need to be done from the company i am not going to work for? Do they needs to file some form to withdraw my petition?

And my current opt expires by the end of August. If both approved, how to deal with my cap-gap extension? Will the approval order matter?

Thanks

Attorney answers (5)

  1. Neil Ian Fleischer

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . It is legal to have two employers to file. It is even legal to have "concurrent" H-1b employment for two employers. If you choose one over the other, the one you do not choose is likely to withdraw the approval.
    www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  2. Lalita Haran

    Contributor Level 14

    1

    Lawyer agrees

    Answered . you don't. Just act on your choice and the other employer should take care of the other. Best Wishes!
    Lalita Haran
    Attorney: Immigration Law
    13295 Illinois St ste 128
    Carmel IN 46032
    Ph: (317) 660-6174
    &
    522 Belvedere Dr ste 106
    Kokomo IN 46901
    Ph: (765) 854-1004
    www.haranlaw.com

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You just start working at which ever company of the two you want to work at, and in so doing you "activate" your newly minted H-1B status. No need to "notify" USCIS..

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. J Charles Ferrari

    Contributor Level 20

    Answered . Yes.
    By working for your chosen employer.
    You really should decide on the employer BEFORE the petitions are filed.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  5. Alena Shautsova

    Pro

    Contributor Level 20

    Answered . You will choose a company, and then the other one will act on it, if you are not working for both, of course.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more

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