I have been filed for EB2 by my employer 1, and i have been filed for EB3 by my employer 2. My EB2 has been submitted first. In total i have two EB petitions, one EB3 and one EB2 by two different employers.
I do not see why not. It is the position that dictates and its responsibilities.
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Wise? Not in my opinion. Unless you tell both companies what you are doing, you are being deceitful and making them spend thousands of dollars on the 'chance' that you'll go to work for them.
I must be direct ... if you were my employee, or potential employee ... and if I found out what you're doing ... I would take-back my job offer ... employee honesty and loyalty are very important to companies in the United States.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
While legally and procedurally it might be"OK", the practice is deplorable and deceitful if you haven't told each employer what you are trying to pull here, and certainly not very "smart", for it will end up making one employer discover that he was "cheated" and "used".. Bad karma, no doubt. This not how we operate in the USA.
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.
Legally , you and your current / prospective employers can file two different employment based cases. Perhaps you should tell the petitioning companies what you are up to. If both are in agreement with your plans, then proceed.
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