Two H1 selected??

nivas0522

Registered Users (C)
Two H1s selected??

my friend applied for two H1B petitions through two different consultants.

One of the two consultant called two days earlier, said that his petition got almost selected in random selection processing as money deducted from his cheque, he also confirmed that he'll receive LIN No soon.

But, today the other consultant called and said the same message...!!!

what does this mean?

-> both his petitions are rejected and there wont be any money returned back from INS?

(or)

->he got two petitions selected in random selection? Any option for him to select b/w the petitions and reject the other petition?
In above case will be the money for one petition returned back?

any other speculations are invited...

thanx in advance,
Nivas
 
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Two petitions from two different employers is fine, but he will have to pay for both (if both are selected).
 
Hi nscagony,

yeap, both are selected. ...bad luck :eek:
he'll attend for stamping through one consultant, if rejected, he can again attend through second consultant??
 
Each visa stamping is unique and shouldn't matter whether the applicant already has another visa stamped. So, your friend can go for the other one if necessary.
 
Hi,
My case is worst! Last year I applied through one consultant and was not selected in lottery!
This year applied through 3 consultant to get at least one selected, but all three are selected, waste for money and others chance.
Again my friend applied through 4 consultant and till date none is selected!!!
Lottery system is very bad, forcing people to apply multiple.

Thanks,
 
I think they have held few H-1 applications so that they can use them towards cancelled or denied applications.

Do you think those applications which are denied are wasted? Anyway good luck to all those who applied this year
 
Check this INS Notification on 23rd March 2008 , refer - http://www.uscis.gov/files/nativedocuments/H-1B_multiple_filing_ifr.pdf

One alien can apply for any number of petitions from un-related employers. But this will not increase the probability of getting selected in random selection process, As the count for this alien will be counted ONE (only one) in the selection process.

That is the reason our friends got selected all petitions ???
(2 for my friend and 3 for patka, 4 for patkas' frnd got rejected)

Is my understanding correct????:rolleyes:
Here I pasted the phrase from the notification.


USCIS recognizes that, by statute, multiple filings of H-1B petitions are contemplated. See INA sec. 214(g)(7), 8 U.S.C. 1184(g)(7). Nevertheless, USCIS finds that this rule’s preclusion of duplicative H-1B filings is consistent with the statute. Section 214(g)(7) of the INA, 8 U.S.C. 1184(g)(7), states that “[w]here multiple petitions are approved for 1 alien, that alien shall be counted only once.” USCIS interprets this statutory language as applying to an alien who has multiple petitions filed on his or her behalf by more than one employer. Therefore, an alien who will be performing H-1B duties on behalf of two separate petitioners will be counted only once against the cap. USCIS does not believe that the statutory language at section 214(g)(7) of the INA, 8 U.S.C. 1184(g)(7), was intended to allow a single employer to file multiple H-1B petitions on behalf of the same alien. Such a broad interpretation would undermine the purpose of the H-1B numerical cap since multiple filings can result in the misallocation of the total available cap numbers.

-Nivas
 
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According to my prev reply, even If one cancel his additional petitions, wait-list petitioners may not get chance. (Refer this
html | pdf )
Experts....!!!
Please please & please confirm my understanding....!!!

-Nivas
 
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