I have applied two H1-B applications this year and my two applications got picked up in the lottery(2 applications(both advance degree)--> 2 different employer with 2 different job positions).Am in dilemma as to when to let my consultant/employer(say Y) to withdraw my application. (I want to continue my current job so i will go with my current employer(Say X) )
X employer application on premium and Y on general processing.
Please let me know
1) can i ask my consultant Y to withdraw immediately or should i wait for an application to get approved
2) What is the timeline to withdraw H1-B application as in general. 3)Will i be getting any RFE regarding 2nd H1-B application?
If you already know which employer you intend to proceed with, now is the appropriate time to notify the other employer. The applications are adjudicated independently.
It is becoming more common for H-1B beneficiaries to accept multiple job offers from unknowing companies and then have each company has filed an H-1B petition. In a few instances, I also have seen the USCIS issue RFEs to each employer notifying each that USCIS had another H-1B petition filed by the "other" employer offering full-time employment with the named beneficiary. The basis for the RFE is an assertion by USCIS that in order for a petition to be valid, it has to be non-frivolous, and in order for it to be non-frivolous, the offer ***and acceptance*** of the employment must be real - and that this cannot have occurred if the beneficiary accepted more than one offer of full-time employment at the same time. This does not happen in every case, but it does sometimes happen.
Additionally, of course, you have the added consideration of annoying both employers when they find out that you had them file when you really were not wanting to work for "them".
On the other hand, you should weigh the "approve-ability" of each pending petition too. Even though you might really prefer employer X, is that petition likely to have problems during adjudications or is it an easy approval? Is the chance of success higher or lower than the petition with Employer Y? It would be a terrible thing to have the "Y" petition withdrawn and then have the "X" petition denied. Are you working in a job of field that is highly scrutinized by the USCIS (like IT or engineering consulting) or one that it relatively secure (like an architect or a doctor)?
If Employer "X" has an attorney filing for you, I strongly recommend that you talk to the attorney - not the employer. let the attorney know up front that you have questions relating to the petition that are personal, and the attorney will let you know his/her perspective on their duty of confidentiality to you versus their duties to the employer. If the attorney can assure you that they have a duty of o=confidentiality to you such that they can advise you on this issue without telling the employer, then tell the attorney everything and have the attorney tell you whether there are any risks to the filed petition and evaluate its chances of success.
If Employer X does not have an attorney, then see if you can obtain a copy of the entire filing and have an independent attorney review it for you and evaluate it. Many attorneys on Avvo offer free online, telephone and in-person consultations, so this could be a starting point.
In answer to the specific questions you post:
1) see above for when you decide to have Employer Y withdraw.
2) a petition can be withdrawn any time - there is no timeframe. However, as noted above, allowing a petition to continue to be adjudicated can be potentially problematic.
3) Yes, an RFE might be issued regarding the fact that there are two filings.
I'm not sure I have helped in your decision? Good luck!
1. Given that you know which employer you wish to work for at this time, you could notify the employer now.
2. It will likely take USCIS 4-6 weeks to process the withdraw request.
3. The employer may receive an RFE for either petition at any time if the petition does not establish eligibility for the benefit.
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These are questions of legal strategy and ideally an attorney providing a feedback should consider numerous factors not posted here.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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