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File two h1b from two different company

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?

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. 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.

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

  2. 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

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

  3. 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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  4. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  5. 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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

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