Multiple

Can I Have Multiple H1B Filings ?

The simple answer is – yes you can, but you should not. Recently, the USCIS has began to crack down on companies acting in harmony for example filing for the same beneficiary. USCIS treats it as a farming an employee.

Unless there is any fraud issue, there is nothing illegal about it. So if the company are not acting in harmony and have no knowledge of any other filing for the same employee, USCIS will not be able to cancel filings.

Multiple H-1B petitions :

An employer may not file, in the same fiscal year, more than one H-1B petition on behalf of the same alien if the alien is subject to the numerical limitations. If an H- 1B petition is denied, on a basis other than fraud or misrepresentation, the employer may file a subsequent H-1B petition on behalf of the same alien in the same fiscal year, provided that the numerical limitation has not been reached or if the filing qualifies as exempt from the numerical limitation.

Otherwise, filing more than one H-1B petition by an employer on behalf of the same alien in the same fiscal year will result in the denial or revocation of all such petitions. If USCIS believes that related entities (such as a parent company, subsidiary, or affiliate) may not have a legitimate business need to file more than one H-1B petition on behalf of the same alien subject to the numerical limitations, USCIS may issue a request for additional evidence or notice of intent to deny, or notice of intent to revoke each petition.

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