Multiple H-1B

I got my H-1B a year back. My employer strictly told me not to come to the US. I was told my H-1B would be revoked, if I enter into US. In the mean time, another company in the US agreed to sponsor my H-1B. I got my LAN number a week back. Will my previous H-1B pose a problem when I go for stamping

You will not face a problem when you go for H-1B stamping. If the Consulate Officer asks specific questions please state that the employer is not responding.

A few weeks earlier, I got my H-1B stamped. Due to certain problems, my company has not sent me on site. I have an attractive offer from another company in the US and they have sent the H-1B papers. Can I go to the US Consulate for getting the new H-1B stamped? I would like to know, whether the Consular Officer will refuse to stamp the visa sponsored by Company B because my passport has been stamped for H-1B of Company A. Can I go to the US on the second H-1B?

You can go to the US Consulate for getting the second visa stamped. The Consular Officer will cancel the first visa and stamp the second. You must clearly inform the Consular Officer that your previous employer has not moved you to the US. Please also check with your current employer about this.

One of my friends has recommended your site to me. I found the information and the articles on the site extremely informative. After going through the FAQs, I realised that it is against the law to apply for multiple H-1B visas. Without being aware of this, I submitted relevant papers to a US company for H-1B processing. My current employer in India has also applied for my H-1B visa. I cannot tell my employer that another company has applied for my H-1B visa. I realise my mistake and want to rectify it. What should I do now? Some people say it is legal to have more than one H-1B visa. Is this true?

I think you have not read the information correctly. If two companies simultaneously apply for H-1B on your behalf, you will not be able to answer the questions in the non-immigrant visa application form truthfully. If the US Consulate finds out that the answer with regard to the Labor Certification Application is false, the Consulate could reject your visa application. The situation could arise if your current employer also sends a copy of the visa approval notice to the US Consulate. I think that apart from hoping that your current employer does not send copies of the H-1B visa for the US Consulate's approval, there is nothing you can do at this stage. As soon as the first H-1B approval petition arrives, whether it is from your present employer or the other company, please go for stamping immediately. Take a flight to the US as soon as possible. At this stage, this is the only solution, which I can suggest. All the best.

Five months back, I filed my H-1B papers through a consultant. The INS has approved my petition and in the next few days I have to go to the Chennai Consulate to get my visa stamped. Now, the company where I am currently working wants to send me to the US. The company has filed my H-1B papers. I realise, instead of going to the US through a consultant, it would be more beneficial to go through my current employer. Can one apply for multiple H-1B visas. Will this result in the problem?

Please be fair to the consultant who first applied for your H-1B visa. It is this attitude which makes US companies resort to strict method methods to curb parallel H-1B processing. Please understand the company that applied for your visa has spent over $2000. Moreover, if you do not honour your commitment, the company could create hurdles by sending copies of the visa approval to the US Consulate.

Technically, you can apply for the H-1B through your company. But when you go for H-1B stamping, you will have to state in the visa application form that no one has earlier applied for your H-1B. If the US Consulate finds out that you already have an H-1B and have misrepresented facts, you will be debarred from entering the US or your visa can be rejected with no reason assigned

I recommend that you go through the consultant who has applied for your visa and later change jobs in the US if required.

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

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