Legal Question in Immigration Law in New Jersey

"I have a H1-B petition filed with USCIS from employer A since two months, but the decision is pending even though its been filed in premium processing. We called USCIS for further action and they said they have not taken any decision yet and is still pending. Now as my grace period will get over anytime soon, i was thinking to file another H1-B petition from another employer B. Employer B is ready to offer job with H1B filed. My concern is that if employer B files my H1B while the status of H1B filed by employer A is still pending, will complicate my case further? Do H1B from different employers will put me in further trouble?

Any advice is highly appreciable as the situation is a bit messy for now.

Thanks in advance."


Asked on 3/19/14, 8:28 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

More than one employer can file simultaneous I-129 petitions for an employee. Multiple I-129 petitions with different employers should not affect the outcome of the other cases.

Unless your case was filed improperly, your employer or attorney of record should receive correspondence from USCIS regarding the premium processed I-129 petition in 15 working days. If filed by an attorney, they should have the email address for the premium processing unit.

Keep in mind that if you fall out of status, and if the "cap gap" does not apply to your case, which it does not appear that it would, then your I-129 petition could be approved, but the change of status denied. At which point you would need to obtain your visa at a U.S. Consulate abroad.

If your employer used an attorney to file the petition on their behalf, then their attorney should be consulting with you on all of these issues directly.

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Answered on 3/19/14, 12:50 pm


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