Table of Contents
- 1 Can have multiple H-1B petitions?
- 2 Can I file multiple H-1B petitions through different employers is it legal for the 2021 H-1B cap?
- 3 Can employer withdraw H-1B petition after approval?
- 4 How many H1B employees can a company have?
- 5 Can 2 H1 clients work with same employer?
- 6 Can same applicant be registered by multiple employers or companies for H1B?
- 7 Can we transfer H1B during RFE?
- 8 Can I start a new job after H-1B transfer?
- 9 Can H1B visa be transferred to another company?
Can have multiple H-1B petitions?
Yes, multiple employers can file H-1B petitions on behalf of a single person as long as each petition is for a different job. That means you can’t have 2 consulting companies file an H-1B on your behalf for the same end-client project, for example.
Can I file multiple H-1B petitions through different employers is it legal for the 2021 H-1B cap?
USCIS also says that a single employer cannot file more than one cap subject H1B petitions for the same employee/ beneficiary for different jobs or positions, even if there is a legitimate business need, as many can exploit the loophole and file multiple petitions.
Can employer withdraw H-1B petition after approval?
Yes employer can revoke the already approved H-1B petition with them but once you received the Receipt notice you can join the new company, Revoking of H-1B petition of previous employer will not impact the H-1B Transfer process.
Can I change employer during RFE?
No, you cannot file a new H-1 petition and extension for a new employer since you are technically not in status with any employer.
Can I work for 2 clients on H1?
H1/B visa holder can only work for his own employer (that holds is/her active petition). So H1/B holder can not work for multiple employers. However, H/B holder can work for multiple clients as long as all these clients have signed the contract with his/her employer.
How many H1B employees can a company have?
To be labeled dependent, the employer can be identified under one of the categories: The U.S. employer has 25 or less full-time employees. More than 7 employees are under H-1B status.
Can 2 H1 clients work with same employer?
Can same applicant be registered by multiple employers or companies for H1B?
Yes, same applicant or beneficiary can be registered by completely different multiple companies, as long as they are not related in any way. For example, two employers like Microsoft and Google can submit H1B registration for the same candidate or beneficiary.
Can H1B be revoked by employer?
When an employer says they will revoke a person’s H1B, all they can really do is request withdrawal of the petition. Once the immigration service ( USCIS) receives a written request to withdraw, it will lead to the automatic revocation of the petition.
Is RFE for H1B common?
In an H1B Transfer RFE, further information could be requested of the applicant, beneficiary, or even both. At this point, there is roughly a 30\% chance that an applicant will receive an RFE document after applying for an H1B Transfer.
Can we transfer H1B during RFE?
Yes, absolutely. As long as your first H1B petition is still valid and not revoked, you can initiate more than H1B transfers.
Can I start a new job after H-1B transfer?
As such, it is recommended that you do not start working for any new employer until you have received H-1B visa transfer approval from USCIS, not least because you must cease working with that employer if the H-1B visa transfer petition is denied. You may then be considered “out of status.”
Can H1B visa be transferred to another company?
Under your initial H1B visa you will only be permitted to work for a specific employer in the United States. As such, if you change jobs, your new employer will need to file a fresh petition on your behalf prior to the expiry of your existing status. This is known as an H1B visa transfer.
When do employers have to file amended H-1B petitions?
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC (PDF), which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location.
How to apply for a new H-1B visa after change of status?
If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. At the Consulate, you will be required to present the following: