Ask HN: Should I have multiple employers file H-1B petitions for me? | Hacker News Reader

Ask HN: Should I have multiple employers file H-1B petitions for me?

40 pointsthrowayaccnt11 comments

I have offers from 2 distinct companies, A and B, in the United States. I recently became aware that it is perfectly legal for different employers to each file an H-1B petition for me. Both A and B are aware of the whole situation and are willing to go ahead with the visa process, so I'll only have to make a decision between the two if both petitions get through. So far so good.

However, based on an article on murthy.com [1] (quoted below), it doesn't seem like a very good idea to file multiple petitions, even via separate employers, this year.

> For the fiscal year 2015 (FY15) H1B lottery, the USCIS has been issuing notices of intent to deny (NOIDs) when virtually identical petitions have been filed for the same beneficiary by two or more potentially related companies.

> The USCIS is suspicious of cases in which filings for the same person share key details. Commonly identified factors typically include end-clients with the same identity, and location and job descriptions that are identical or virtually identical. The USCIS also points to similarities in supporting documents.

> The NOIDs request proof that the petitioning companies are not related. This can be evidenced by various documents that demonstrate corporate existence, structure, and ownership. There must be more than one distinct job opportunity, rather than simply an effort to have a backup plan in the event that one employer's H1B petition is not selected in the lottery.

(continued in this comment: https://news.ycombinator.com/item?id=9032082)

[1]: http://www.murthy.com/2014/09/25/noids-for-virtually-identical-cap-subject-h1b-petitions/

(OP here. This comment is a continuation of the post body.)

My concerns are as follows:

- Will filing multiple petitions through separate employers increase my chances of getting a visa?

- Does my situation come under the "virtually identical location and job descriptions" scenario, which is apparently a potential reason for denial? What "key details", if shared across the petitions, are potential causes for denial? Both offers are for similar roles, and based in the same city, but the companies themselves are completely separate. However, what concerns me here is the way the article is phrased: "two or more potentially related companies", signalling that even the hint of a connection will lead to a denial with significant probability.

- Are there any down-sides to filing multiple H-1B petitions?

- Assuming I do file multiple applications, how would I explain my intent to USCIS?

- Any other advice / suggestions regarding my specific situation.

At this point, any kind of advice or help would be greatly appreciated. I know I should talk to an actual immigration lawyer, and I'm doing that too. But I wanted to get a general opinion on HN and see if anyone has experienced such a situation before. Thanks!

I'm not too knowledgeable regarding H-1B visas, but the text you quoted was quite clearly aimed at penalizing people (or companies) who attempt to file duplicate H-1B petitions via sister companies in order to better their chances, and that sort of thing. So, as long as your two job offers are legitimately distinct, your companies A and B have little to do with each other (i.e. they are not subsidiaries of the same parent company) and / or the location is different, it sounds like you'd be in the clear. This is just my interpretation of the text, perhaps someone with actual experience on the topic will comment later on.

1. You can, and will not be penalized unless the petitions are from the same company (or subsidiaries).

2. I suggest that you communicate well with all those employers filing for you. I was in similar situation but did not communicate well with them and ended up in an embarrassing situation. I still deeply regret that.

3. Down side is that both employers pay fees for you. May end up wasting their time.

Thanks. This definitely helps. Can you tell me:

(a) How many years ago did this happen?

(b) What USCIS asked you regarding the multiple petitions? Did they ask you to explain why you'd filed more than one?

(c) Any other issues with USCIS?

a) 1. b) None. c) None.

It's 5-10k to sponsor/apply for H1B Visa. So, I'd keep in-mind that an organization who sponsors you is putting chips on the table.

Yes, at the same time this is the cost of 1 months salary for them (probably less)

So it's like they're hiring the person "1 month in advance" (sure, with no guarantee it won't work out)

The H1B process really sucks, at the same time you have a lot of really skilled people being hired, you also have Tata and other "software sweatshops" hiring people that know how to click on Eclipse

Yes, I understand that. Will keep it in mind surely.

Get a good immigration/employment lawyer. The few $grand you drop now will be a small fraction of your future earnings.

These are very important decisions. Any mistakes would jeopardize you permanent resident opportunities in the future.

I would definitely talk to an immigration lawyer. Few resources that could help you:

1. https://www.upcounsel.com/ 2. http://www.inventuslaw.com/index.html

As somebody who has gone through immigration hell in US and abroad, I can tell you that having a lawyer by your side is very beneficial. I used Gotcher Law in California (although, location doesn't really matter) and they have been amazing. Let me know if you want a reference.

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