Multiple H1 Issue

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raj_send

Registered Users (C)
Legally one can have multiple H1 from different employers.

Let's say from the begining to present we work for company A's H1.
During that time, we asked company B to sponsor for another H1 as back up, they sponsored the H1, but never worked with them.

Will this create a problem in the I 485 stage?
WIll USCIS ask saying that, "Company B sponsored your h1 and you never worked for them"

Please advice.
Thanks
 
In the I 485 application packet, there is a form asking us to fill in all the employers that I have worked in the last 5 years.

I had a valid h1 with a company A, during my 3 months bench time I asked company B to transfer my H1 and I worked for company B for about 4 months and later came back to my parent company A.

I did not metion in the I 485 packet that I worked for company B.
Will this be OK?
 
You are actually working for A w/o permit. I say that because you transfered your H1 to B worked for them and came back. So your current employer according to USCIS is B. Do you have the approval notice from B? As I see it your first H1 with company A might be invalid. I may be wrong but ask others in the forum and your lawyer if you have one. If you dont have a laywer please consult one before its too late.

Applying for a new H1 is different from transferring H1.
 
I have approval notices from both companies.

I transfered my H1 from Company A to Company B and worked with B for 4 months. IN the mean time, Company A did not cancel the visa, it was still valid and they asked me to join with them.

In the I 140 and I 485 applciation packet, I have employment letter from Company A only.
 
raj_send said:
I have approval notices from both companies.

I transfered my H1 from Company A to Company B and worked with B for 4 months. IN the mean time, Company A did not cancel the visa, it was still valid and they asked me to join with them. ------------ The visa will be valid till the expiration date stamped in the passport. The status and duration are determined by I-94. When you transfered your H1 to company B you would have received an I-94 along with the approval notice which specifies that you are an employee of company B. And since it was a H1 transfer and not a fresh H1 that gave you the permission to work for company B the H1-B from A is invalid once the transfer was approved.

In the I 140 and I 485 applciation packet, I have employment letter from Company A only. --------- GC is for a future job and it can be a company you are intending to work for after you get your GC. So the EVL does not matter at that point. What is important is that you are in legal status to apply for immgrant visa when you apply for one. In your case I see that you were working for company A with a valid visa/permission even though you had worked for the employer earlier.
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You should have applied for a transfer again to start working for A.
 
raj_send said:
I have approval notices from both companies.

I transfered my H1 from Company A to Company B and worked with B for 4 months. IN the mean time, Company A did not cancel the visa, it was still valid and they asked me to join with them.

In the I 140 and I 485 applciation packet, I have employment letter from Company A only.
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If you transferred your H1B from A to B, I don't think this means you have 2 valid H1Bs. For you to work for A again I would think you would have to transfer it back from B to A or get a new H1B for A.
 
I did not do that, i.e transfer back my H1 to company A since company A's I 94 is still valid and moreover I have company A's visa stamped on my passport.
 
raj_send said:
I did not do that, i.e transfer back my H1 to company A since company A's I 94 is still valid and moreover I have company A's visa stamped on my passport. ---------- that stamp does not matter once you land in the USA. It is the I-94 that you get when you enter/change/transfer that matters
LET PUT IT IN SIMPLE TERMS YOU DID NOT HAVE MULTIPLE H1'S. YOU EXCHANGED THE ORIGINAL H1 FROM A TO B. INS DOES NOT NEED THE APPROVAL NOTICE FOR THIS IT NEEDS THE DOCUMANT NUMBER FOR DOING THIS TRANSFER. FROM THEIR PERSPECTIVE THE ORIGINAL APPROVAL LETTER IS NOT WORTH THE PAPER ITS PRINTED ON. THEY THINK THAT YOU ARE NOW ELIGIBLE TO WORK ONLY FOR THE EMPLOYER WHO REQUESTED THE TRANSFER.

HTH
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I am working "A" on H1. I got an offer frm "B" & they applied for H1b transfer, So does that mean I cannot continue working for A.
Am I forced to go with "B" just because H1b transfer is applied & approval will come in a few days.

Can I just ignore the transfer filed by B & just continue with A.

Pl. I need to know on whats is right asap.
Thx.
 
Hathwar,

what are the consequences now?

In the 485 process, I did not mention anything about company B.
Company A filed everything along with their employment letter and all the necessary documents required for I 140.
 
subash1977 said:
I am working "A" on H1. I got an offer frm "B" & they applied for H1b transfer, So does that mean I cannot continue working for A.
Am I forced to go with "B" just because H1b transfer is applied & approval will come in a few days.

Can I just ignore the transfer filed by B & just continue with A.

Pl. I need to know on whats is right asap.
Thx.
Click to expand...
I don't know but it might be possible to withdraw the transfer and keep the H1 with A. Please contact your attorney and let us know what they say.
 
raj_send said:
Hathwar,

what are the consequences now?

In the 485 process, I did not mention anything about company B.
Company A filed everything along with their employment letter and all the necessary documents required for I 140.
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It sounds like you worked for A illegally on your second stint there. Contact your attorney and get their opinion.
 
Friends,

One of my friend have same situation but little difference.
he was working with Company A on EAD. he filed H1b with company B starting 1 oct. 2004 and got approved, meantime company A agreed to file New H1b for him and still he working for company A.

Now he still have vaild H1b with Company B but never joined. now can he join company B directly or he need to file h1b transfer ?

Both h1b valid from 1 oct. 2004 to 30 sept. 2007.

Thanks
 
kmunna said:
Friends,

One of my friend have same situation but little difference.
he was working with Company A on EAD. he filed H1b with company B starting 1 oct. 2004 and got approved, meantime company A agreed to file New H1b for him and still he working for company A.

Now he still have vaild H1b with Company B but never joined. now can he join company B directly or he need to file h1b transfer ?

Both h1b valid from 1 oct. 2004 to 30 sept. 2007.

Thanks
Click to expand...
Sounds like he has 2 vaild H1Bs. Should not be a problem.
 
Question on Filing Multiple H-1 transfers

Hi

I am working for Company A and have two potential job offers- one from Company B and other from Company C.

is there a problem if I allow both the employers to go ahead and file for my h1-B transfer?

Thanks
Amol
 
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