Legal Question in Immigration Law in North Carolina

What is the risk in concurrent filing of h1b visa ?

I am currently on H4 and more than one IT staffing employers are ready to file H1b for me.

Q1: Can both the employer file my h1b without knowing about each other?

Q2: will two independent filling increases the chance of clearing through lottery?

Q3: will two independent filling increases the chance of getting any one petition approved?

Q4: At what stage I need to disclose about multiple filling to the employer of my choice?


Asked on 2/10/14, 11:29 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You can have multiple petitioners. You do not have to "report" anything. With the amount of H-1B petitions filed every year, I doubt that having two petitioners will increase your chances by much. There is no reason why the two petitioners would need to know about each other, unless both petitions are approved. In which case, you would have to decide for whom you will work.

The bigger risk is the strict scrutiny that USCIS is giving IT staffing companies these days, with a much higher chance of denial than 10 years ago.

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Answered on 2/10/14, 1:52 pm


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