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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

Posted

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 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 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

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Christopher Michael Pogue

Christopher Michael Pogue

Posted

Indeed, as attorney Fleischer points out, the H-1B is the property of the employer. It is not your petition, you do not pay anything for it or make any representations in it. Just go with the employer you want to work with. Needless to say if either of your employers knows what you are up to they may not be entirely thrilled with you though...

Posted

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 nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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Asker

Posted

Thanks. Another thing, my opt expires at the end of August. Normally(one h1b), i will be eligible for cap-gap extension. Then what about current situation? Currently i am working at A using my opt. But i cannot join B because of some export license still needs to be approved. That may takes 2 months. So I have not notify A I want to leave. So both companies filed h1b for me and both got accepted. I don't want to waste one h1b quote, but i have no choice. Of course i want to work at B. Back to my question, how to deal with my cap-gap extension? Will the approval order matter?

Lalita Haran

Lalita Haran

Posted

Please seek a private consultation. I am in Kokomo and you can call 317-660-6174.

Posted

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.

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Asker

Posted

What about the other company? Are they required to file something to withdraw their petition?

Posted

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.

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Asker

Posted

Yes I understand. But I have no choice. One of the petitioner is my current employee. I cannot let them know i am leaving because the new company needs some time to deal with FBI government documents approval. Especially in this year's situation, if not winning lottery means losing everything, every money i spent on my education, expectation from my parents. Then you know you have double chances to be selected, then what are you going to do? Are you going to forsake another opportunity? It's already flaw system.

Asker

Posted

Forgot to thanks for your comments

Posted

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 http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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