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Emi Ardham Kavatledu


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Are Multiple H1B Filings Allowed?

The Murthy Law Firm often receives questions that involve a person working for Employer A, who has a pending H1B case filed by Employer B, who would prefer to work for Employer C. In such a scenario, how would an H1B be transferred to Employer C if the USCIS has approved the H1B petition with Employer B? Again, there is the misconception that something gets transferred. H1B employees assume that if there are two cases pending, there will be a problem getting the H1B transferred to the appropriate employer. This is just not the case. As long as there is an unbroken chain of status, the H1B may be approved as an extension of status with an I-94 attached at the bottom of the H1B approval notice.

Multiple filings are not without complications. Multiple filings can create confusion when trying to track an individual's status. There are issues with what is known as bridging when there are multiple filings. If one is relying on the filing from Employer B as a bridge in status to carry him/her over to Employer C, the Employer B petition has to be approved in order for the Employer C petition to be approved as an extension of status. Therefore, it is best to get legal advice to determine how to best coordinate these matters.

 

https://www.murthy.com/2015/11/30/h1bs-cannot-be-transferred-and-other-h1b-matters/

 

TS - hope this clarifies ur confusion

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