Multiple H1B applications in IT and Non-IT field

[asifmohm]

Hello,

I am currently working in chemical engineering field. My H1B petition was not picked up in April 2014 and currently, I am on CPT. I am thinking to file another petition through a IT consultancy for April 2015. Now here are my questions:

1) If both get picked up in the lottery, what are my chances of getting approved ?

2) what kind of queries do you think, I will be receiving and how should I answer them ?

3) Will the two applications be processed by the same agent at USCIS ?

4) If any one has faced the above kind of situations, can anyone comment on how did they process and justified their answers to the RFEs ?

DesiOPT is helping me in a lot of things. I totally appreciate your help.

Thanks.

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[lisaanderson]

Hello,

I am currently working in chemical engineering field. My H1B petition was not picked up in April 2014 and currently, I am on CPT. I am thinking to file another petition through a IT consultancy for April 2015. Now here are my questions:

1) If both get picked up in the lottery, what are my chances of getting approved ?

2) what kind of queries do you think, I will be receiving and how should I answer them ?

3) Will the two applications be processed by the same agent at USCIS ?

4) If any one has faced the above kind of situations, can anyone comment on how did they process and justified their answers to the RFEs ?

DesiOPT is helping me in a lot of things. I totally appreciate your help.

Thanks.

1. Depends on the strength of the H-1B petitions.
2. USCIS does not care if more than one petition is filed for the same person, as long as it’s filed by different employers.
3. Not likely but entirely possible.
Get H-1B Cap 2016 Filing Tips to increase the chances of H-1B lottery selection and approvals.

[asifmohm]

Lisa,

Thank you for the prompt reply. Howwver, could you please answer my question ?

I have a degree in chemical engineering and If I file 1 H1Bs, one in IT and other in CHEMICAL ENGG, would there be any problem ?

Also, What kind of problems /queries can I expect ?

Thanks.

[DesiOPT-FaceBook-Admin]

Your message was posted as anonymous on Facebook wall- (Jan 27th)

[DesiOPT-FaceBook-Fan]

Uscis is very specific about multiple H1b petitions. USCIS may revoke your application in case of misrepresentation or fraud even after approval. Unless you have a different employer and different client it is not safe to file multiple petitions.

[DesiOPT-FaceBook-Fan]

Why do you want to mess with Uscis? follow the rules

[DesiOPT-FaceBook-Fan]

I did last year but fate was not in favor of me and I am currently out of options

[DesiOPT-FaceBook-Fan]

I am an immigration attorney and we get inquiries like this all the time. There is nothing wrong with multiple H-1Bs as long as they are not frivolous or fraudulent. Technically you can even work on two H-1Bs at the same time - in two part time positions. Feel free to PM me to ask any further questions.

[DesiOPT-FaceBook-Fan]

USCIS will adjucate multiple H1 petitions by 1 applicant as long as they are through
different petitioners.

From the info i gathered on this till date; i would like to state the below:

a)Different clients (with adequate documentation) is preferred for each petition.
b)Strict "No" to in house projects
c)Atleast 1 of the two petitioners need to be established(doing h1's for the past 5 yrs or so)

There is a 60-70% risk of RFE in cases of multiple petitions with not very established employers.
USCIS increasingly views multiple petitions through small desi consultancies with suspicion.
They believe(rightly so) that the employee might have paid for atleast 1 of the 2.
So,they issue RFE on the project details or the Employer/Employee relationship.

On the other hand,if both the employers are established & genuine-there should be absolutely no issues in both getting approved.

[DesiOPT-FaceBook-Fan]

I did last year but fate was not in favor of me and I am currently out of options

I truly understand ur situation .. Dnt worry it will be picked this time. In the Above comment lawyer mentioned u can, and seems like you can file for multiple h1's. But dnt unnecessarily complicate things for urself ...So good luck .. Hope something works out for u

[DesiOPT-FaceBook-Fan]

Can anyone tell me a consultancy who can file an H1 for me, if I pay the fees ?

[jmdasif]

I am in the same situation. I have a Masters in Computers though. Can anyone of you answer how it is going to be safe since we are working on CPT? Is it fine to go with two different employers?

[lisaanderson]

I am in the same situation. I have a Masters in Computers though. Can anyone of you answer how it is going to be safe since we are working on CPT? Is it fine to go with two different employers?

Yes, you can have 2 H-1B petitions filed by 2 different employers. The logic is that USCIS cannot restrict an employer’s right to file for an H-1B just because another employer also wants to file an H-1B petition for the same person.

The ONLY restriction in multiple petitions is that the same employer cannot file 2 H-1B petitions for the same person.

[vinit1989]

I am working with a well established employer.
an other small employer who is just doing H1's since last year is willing to file for me with a job offer as a prospective employee. Is it risky like this. Please advice me.