Immigration Issues/H1B petition

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Question
QUESTION: Hi Ajay,

I am on OPT valid till Dec 12. I am currently working for employer A (at client site). My current consultant already apply for H1 (premium processing). Now currently I am in interview with employer B, if after interview they decided to hire me so at that time is it possible for employer B to apply for H1 application. So the questions are;

What is the case if previous H1 application still in process, does employer B has to file new Lca and H1 application or is consider to be case of H1 transfer?


If I will get H1 approval before Employer B wants to apply for H1 then for employer B, is it the case for new H1 or H1 transfer?

Is it possible to change employer before H1 actually being effective (Oct 1) whereas already have H1 approval in hand?

For H1, to change employer before Oct 1, do I need to inform my current employer about the new H1 application submitted by future employer?

Can you please advice ASAP.

Thanks.

ANSWER: Hi,

Multiple companies can file an H1B petition for you: www.h1b1.com/concurrent.htm

Every H1B petition that is filed requires certified LCA, preparation of I-129, USCIS filing fees, etc.

If Co. B files an H1B petition for you prior to H1B approval by Co. A., it will request "change of status" from F1 to H1B. If filed after H1B approval by Co. A, it will request "extension of status." Co. A does not need to be informed that Co. B is also filing an H1B petition for you.

---------- FOLLOW-UP ----------

QUESTION: Thanks Ajay.

This is the information I am looking for.

So if Co. B files an H1B petition prior to approval by Co A then it is applicable for H1B quota (85000)i.e., it should be completely new application or can consider H1 application receipt number for previous application.

Please advice.

Thanks.

Answer
You will be subject to the visa cap in the scenario you describe, since at the time Co. B files an H1B petition, you will not yet have H1B status. A receipt number by itself from Co. A will not exempt you from the visa cap for an H1B petition filed by Co. B.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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