Multiple H1Bs with Different Employers for COS!! Common scenario involves a prospective employee who is being sponsored by multiple employers / petitioners for COS to H1B. If two or more of these petitions are selected for a foreign national in the lottery and then approved, s/he may have multiple I-94s issued with the same October 1st start date. In such a case, the foreign national is free to join any of the employers that received approval notices. Once the employment begins, the individual must maintain status according to the terms of the corresponding approved H1B petition. Concurrent employment may be possible in some cases, but it requires a filing with the USCIS to that effect and should be analyzed separately. F-1 OPT with H1B Pending Wants 17-Month OPT Extension!! Yet another variation that occurs involves a prospective employer that has filed an H1B petition requesting a COS for an F-1 student. However, if that job offer falls through or better options become available, a student who qualifies for the 17-month optional practice training (OPT) extension may prefer to remain in F-1 OPT status. In that event, the employer needs to request a revocation of the H1B petition prior to the H1B October 1st start date. Further, the designated school official (DSO) must request that the students status information in the SEVIS system be amended to restore the F-1 OPT status. However, before withdrawing the potentially valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
Posted on: Wed, 24 Sep 2014 18:11:02 +0000
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