tahmina watson

H1B 2014 : Can I Apply H1B Visa With 2 Employers at Same Time in Premium Processing?

I am currently on H4 Visa and Planning to file for H1B Visa 2014.

  1. Can we apply for H1B visa with 2 employers at the same time/simultaneously?
  1. In case, If I apply for H1 with the Company A on a Premium processing, If it gets approved well and good, If not, Is it possible to apply again with another Company B(If the quota still exists) or do I have to wait for next year?

 H1B 2014 With 2 Employers

Can we apply for H1B 2014 visa with 2 employers at the same time/simultaneously?

Thank you for your questions. As you may know, there is a cap of 65,000 visas each year for H1b’s and an additional 20,000 reserved for Master’s degree holders.

I am assuming you are hoping to broaden your chances of success by filing two petitions. Please note that you cannot file two simultaneous H1bs with the same employer.

H1B work visa for USA can be for a full-time position and/or  a part-time position.  If you are asking whether you can file two full-time H1B petitions with two different employers, I think you will likely face denials for both as it is assumed one cannot work two full-time jobs.

You could consider filing a full-time position as well as a part-time H1B visa for FY 2014 with two separate employers.

In the alternative, you could also consider filing for two part-time positions with two separate employers.

Premium Processing

 In case, If I apply for H1 with the Company A on a Premium processing, If it gets approved well and good, If not, Is it possible to apply again with another Company B(If the quota still exists) or do I have to wait for next year ?

 Yes. There is nothing stopping you from making a new petition with a new employer, or even the same employer, if the petition is denied, if there still visas available.

You need to keep two things in mind:

  • The availability of H1B 2014 visas is unpredictable ( H1B visa 2014 predictions )  and you will need to monitor the remaining number of visas very closely.  The USCIS will post weekly updates on their website, which we also copy to our blog. This will give you an idea of how quickly the visas are running out, which in turn will give you an idea of how long you may have to file your petition.  This leads to the next point:
  • About two-three years ago, the Dept. of Labor (DOL) introduced a new procedure for filing of the labor conditions application (LCA). The new procedure resulted in requiring additional time to receive a certification of the LCA.  This could be anywhere from 3 days to 3 weeks as the employer’s federal employer identification number (FEIN) has to be verified first.  For employers new to H1bs, it is likely their FEIN will not be in the DOL system. So, additional time must be taken into account for preparation purposes. Once the LCA is certified, you can file the H1B petition which can logistically take a few days just to ensure the package is prepared well.  I find that you need a minimum of three weeks to file an H1B these days.

Disclaimer: Please note that no client/attorney relationship has arisen and that the above content is not legal advice.

 Brief bio: Tahmina Watson is an immigration attorney and founder of Watson Immigration Law in Seattle.

1 Comment

  1. Gunamani on March 20, 2013 at 1:19 AM

    Hi,
    I am a regular reader of this blog. Thanks for all the useful info you have been providing.
    I have a query; Can an employer apply for H1B before the employee joins his organisation, based on the offer letter?
    Say, my daughter is completing her MS in May 13; she has an offer letter and joining this company by 20th May,2013.
    Can her ‘prospective’ employer apply for H1B on 1April,2013? Or should she wait till next year, assuming the cap is reached by 5Apr.13? She is just applying for her OPT card.
    Thanks in anticipation and with regards,
    Gunamani

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