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[Balapam]

USCIS has yet to make an announcement on H-1B Visa 2015. But, we are aware that the USCIS startsaccepting H1B Visa petitions starting April 1st 2014, Tuesday. There has already been enough speculations that there would be H1B lottery this year as well. There was an H1B Visa Lottery for the Fiscal Year 2014 (last year) as well, due to the large number of H-1B petitions received by the USCIS, exceeding the quota.

In this article, I would like to focus on Duplicate Filings for H-1B, prohibited by USCIS. Since the lottery process for the Fiscal Year 2015 is almost confirmed, the employee applying for H-1B would possibly be in a situation having last chance to apply for H-1B this year. It is important to know duplicate filings for H-1B are not allowed by the USCIS.

 

H1B Duplicate Filings

A duplicate filing is sending multiple H-1B petitions to the USCIS from the same employer. If company ‘A’ is filing H-1B for an Employee ‘X’ multiple times at a given time, it is considered as Duplicate H-1B Filing. This is prohibited by the USCIS. According to the USCIS,

USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

Make sure this doesn’t happen since you are risking your chance of getting H-1B.

What is not a Duplicate H1-B Filing?

If you have an H-1B petition filed by employer ‘A’ and another petition filed by employer ‘B’ to the USCIS at the same time, it is not considered a duplicate H-1B filing and this is allowed.

H-1B Petitions Filed From Multiple Employers – What To Do?

If you have multiple employers filing your H-1B, as already mentioned it is not considered a duplicate. If both petitions are selected through lottery and are approved, you get to chose which employer you want to go with.