Multiple Filing of H-1B Petitions (Ⅰ)
As we approach another H-1B cap season, questions arise about the H-1B lottery and the likelihood of success under that so-called "random lottery selection" method. Also of concern are multiple H-1B filings. These questions come from individuals who are entertaining more than one job offer, and who are contemplating having more than one H-1B petition filed on their behalf in order to increase their chances - or "entries" - in the lottery. Other problems pertaining to multiple H-1B filings arise when employers file relatively high volumes of H-1B cases, in part due to the need to increase their odds of getting the number of H-1B workers they need. This information on matters of multiple H-1B filings, both from the standpoint of the employer and the individual, should be useful to many readers.
Multiple H-1B Filings by Individuals
In past years, it was permissible for a single foreign national to be the beneficiary of multiple H-1B petitions filed by different employers. It is not permissible for an employer to file multiple petitions on behalf of one foreign national. Violation of this regulation could result in rejection or denial of all H-1B petition/s.
There is nothing inherently wrong with obtaining more than one job offer, and accepting both jobs, when employment is contingent upon H-1B and approval. However, individuals engaging in this practice need to be careful about employment contracts and other agreements committing to employment. If they make multiple commitments, and end up with multiple H-1B approvals, they will not be able to meet their legal and ethical commitments to the different employers. They also should be mindful of the need generally to deal fairly with prospective employers. This is particularly true for foreign students who are starting their professional careers within specialized fields involving limited professional circles.
Individuals with multiple sponsors should also be wary of employers that seem to be too willing to sponsor. Such employers have come under scrutiny for a number of reasons, and, as explained below, may have difficulty obtaining H-1B approvals.
Source:Murthy Law Firm