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Immigration Issues/Is it ok to file 2 H-1's in two diff years?


I'm currently on my OPT. I recently applied H-1 through an employer (consulting firm) on Apr 1st. But within a week, i got a fulltime employment from another company. Now according to new rule passed by Govt, the OPT can be extended for 17 more months. So is it legal, if i join the new company, work for them till my OPT expires and let them file my H-1 next yr, so that I dont have anything to do with my 1st employer? Can my 1st employer, under whom i havent worked at all, complain to INS or UCSIS about this. Does it have any bad remarks or ramifications in future when my 2nd employer tries to file a new h-1?

You should not have any problem applying for a new H1 in 2009 regardless of how your original H1 application turns out.  Now, you should note that if the original H1 was filed with a change of status (I assume it was) and approved then you will be on H1 effective on October 1, 2008.  Since you have time, you can ask the employer who filed the H1 to revoke the H1.  Or another possibility, if you are successful in the H1 application, you could have the employer that you are working on OPT to apply for an H for you as you would have been counted against the cap already.

There are many issues that cannot be fully discussed in this forum, I do not know the best option for you.

Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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