USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered. If multiple petitions are discovered, whether one or more such petitions are approved, USCIS will data enter all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition was approved, revoke the petition. The petitions will not be returned to the petitioner.
As of August 7, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
From USCIS
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{ 9 comments… read them below or add one }
20000 h1b quota for USA masters or advanced degree is considered on
Masters or Advanced degree certificate from US university
or
some thing like US semesters credit hours like 120(ug)+30(Advanced/masters)= total 150 credits
or
90(ug)+30(Masters/Advanced degree)= total 120 credits
is also considered
Which degrees are considered as Adva
nced degrees for h1b
Masters degree or above ( MS, MBA, PhD) is considered in Advanced Degree Quota.
Hi,
I work as a postdoctoral research associate for a university on a H1-B visa. A few months ago I pursued an internship with a company and for that I took a leave of absence from the university and the company had applied for a Concurrent H1-B. Recently the company has offered me a job. Will be possible for the company to apply for a H1-B visa under the current 65K cap?
In advance, thank you very much for your answer.
You can be in H1B payroll only with single employer. With leave of absence, you cannot work for another employer.
Yes, new company can apply for your H1B, but consult an attorney. Looks like you have violated your status by working for another employer with work authorization.
Hi,
I have a bad situation at my end. My consultant filed a single VIsa Petition at the California Service Center ( bearing a WAC no.), which was later transferred to the Vermont Service Center ( I saw the updates on the website), where they issued a new case number ( EAC number). Now, they had requested a RFE, which was replied back without any issues.
I got a denial from the Visa office 2 days back stating that the Visa was filed by the same employer twice ( one with the WAC number, and the other with the EAC number). It seems that someone has goofed up in the USCIS, and has resulted in a denial in my case. Now, I might need to go for a reopening of the case, but it seems that I would need to shell out 600 odd dollars for no fault of mine.
Is there any other way to help me out here ???
I have a H1B approved, but due to the economy situation the company decides not to hire me anymore.
Can I use the same H1B with other company?
Can some one confirm if USCIS has sent out the notices on the petitions filed so far?
Also is there any way to track the response??
Experts,
What will happen if we file H1B petitions through 2 different employers ? Assuming Petition from 1 employer got approved, and petition from other employer got denied. What will be the final result ? Approval ? or Rejection ?
Thanks in advance for your advice.
Jazz.
@Jazz – Final Result will be
Approved Petition = Approved ( You can work for the employer)
Denied Petition = Denied.