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H1B 2015 - Multiple H1B petitions from different employers for same applicant

Columbus, OH |

I am applying for a COS from L1b to H1b in this years cap and have 2 employers ready to do apply for my H1b petition.
Is it legally allowed by USCIS to apply multiple H1b petitions by same benefiary with different employers?
Please advise.
I will be very much thankful if some experts here could explain the pros & cons from an approval perspective if multiple employers file for a single applicant

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Attorney answers 3

Posted

You can have multiple employers file H-1B petitions for you. This will increase your chances of being selected in the H-1B lottery this April. Please see

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

I agree

Posted

Applying blindly does not make any H1B any more successful. In such cases, a counsel of record is an imperative operational procedure.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Look for an attorney here on Avvo with the Find a Lawyer tool

Posted

If the employers are so eager to have you that they are willing to waste money for nothing knowing that only one of them will have you, no problem. If you are fooling them, on the other hand,, it creates all kinds of ethical issues.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

I detect a possible presumption of fraud with such actions.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Me too, I have to admit.

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

I agree

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