This is also shared by the Law Offices of Thomas V Allen. It is very important to do things right from the beginning in order not to risk an RFE or a denial. See the Tips for Filing Forms Online webpage for information on how to delete your account. The attorney would then be able to send the registrations to the relevant authorized official for that submission. Feb. 21: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern. Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. The USCIS could start revoking the approved H1Bs too. You must not engage with companies that have a history of H1B RFE's and denials due to illegal H1B practices. Q11. If both are selected in the lottery and both are approved. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Submitted:The registration has been submitted and is eligible for selection. Also, federal agencies will look at these companies and review their actions. Registrants submitting their own registrations will enter their company information as part of their first H-1B registration. A20. If I have an existing applicant myUSCIS account, do I have to create an H-1B registrant account? Yes. Q8. H1 revoked today as employer filed multiple filings from his sister companies without my knowledge . I recently became aware that it is perfectly legal for different, unrelated employers to each file an H-1B petition for me. As per the lawsuit, the rules and regulations about the cap registration process allow foreign nationals to have an unlimited number of registrations to be submitted on their behalf by multiple employers. Furthermore, USCIS may also refer the individual or entity who submitted a false attestation to appropriate federal law enforcement agencies for investigation and further action as appropriate. We do not send the client passcode directly to the registrant. Hi, Can we file multiple H1b Applications with Different employers? I tried checking with them but couldnt find any connection. Below is the actual copy of the NOID issued by them. What happens if the prospective employer with a selected registration puts an address on their registration but moves before they file their I-129 petition, such that the addresses on their registration and Form I-129 dont match? Hi, I was working with Company A during my OPT period. Going to India now to get h4 stamping amd come back. No question of ethics too, as far as things are legal, you are good to go. USCIS may deny or revoke a petition based on a registration that contained a false attestation and was therefore not properly submitted. The initial registration period for FY 2024 will open at noon Eastern on March 1 and run through noon Eastern on March 17. No. However, I never really wanted Company A to file H-1B registration and when their immigration team reached out to me asking for details so they could register for H-1B, I made an excuse and never responded (I have the supporting email with me to prove this). So, it is tricky. Can H1b applicant file multiple (2-3) applications via different Applying through multiple employers to increase chances of picking in the lottery may lead to scrutiny. As per USCISs H1B Registration info page, if multiple H1B registrations were filed for the same applicant to increase their chances of H1B lottery selection by a company or they worked with another company for the same, then they will consider that the registration was not properly submitted. The biggest catch is, these companies have to be genuine and the job offers have to be genuine as well. There is nothing stopping you from making a new petition with a new employer, or even the same employer, if the petition is denied, if there still visas available. Part-Time Work and Multiple Employers for H-1B Workers | Nolo It will continue till March 18. Essentially, when someone submits, they are signing under oath that they are not filing any duplicate registrations to unfairly increase the chances of H1B lottery selection for an applicant. Many attorneys are getting it. USCIS has also issued NOID for situations where the applicants/ companies were trying to outsmart USCIS by colluding with other companies and filing H1B registration with unrelated companies. We do not refund the $10 fee if you delete a duplicate registration. Q29. If you are a prospective petitioner (registrant), view the video below for steps on how to submit registrations without the use of an attorney or representative. A2. I am a legal representative submitting the H-1B registration online, and the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, asks if I have an online account and what my account number is. A11. Do I need to use a new email address to set up the H-1B registrant account? One which got picked and approved was having client and working for client. based on your capable you guys can file as much as you can and any one registration would be pickup. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Special Immigrant Juvenile (SIJ) Frequently Asked Questions, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-129, Petition for a Nonimmigrant Worker, Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, Overview of the H-1B Electronic Registration Process - A Webinar for Registrants, Overview of the H-1B Electronic Registration Process - A Webinar for Attorneys and Representatives, H-1B Registration Federal Register Notice. How does the attorney set them up as a client and allow the contact for each division to sign for submissions of employees in their division? Though one Can work for only one employer at a time (unless petitions are concurrent). No. Representatives who already have a representative account may use that account; they do not need to create a new account. This would deter these IT staffing from filing multiple registrations next year. The NOID is issued in such cases. 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. We will remove all registrations submitted for the beneficiary by, or on behalf of, that prospective petitioner from the selection process. A17. I reached out to Company B and had the same job flow through the implementation partner and Company B filed for my H1B registration and it got picked. March 20: H-1B registration period closes at 5:00 p.m. Eastern. However, there is no prohibition on a visa-seeker having multiple valid petitions filed on his or her behalf by different employers for different job offers. Is it a good idea if one can afford money? You can visit the H-1B Electronic Registration Process page to read instructions, view videos, and download step-by-step presentations about the different account types and how to set up an account. $10 for each registration. The USCIS has now stated that sponsoring employees will have to submit their registrations along with an attestation that the registration has been for a legitimate job offer. Can you share more context : Are these 3 companies you applied with related in some way? Registrations that we find are duplicates will be invalid. Using this check does not guarantee that you will not submit a duplicate. There is a daily transaction limit for credit cards of $24,999.99 per credit card per day. Ban on Multiple H-1B Filings for One Beneficiary by "Related" Employers I chose to proceed with XYZ, but they told me it was returned. What can USCIS do, if they find Fraud with Duplicate Registrations? Hurry Up guys and the charges would be 10-15k INR for each filing. This is a case where i am currently working in India and filled multiple unrelated h1bs but got picked only one I think even this case has an issue right? USCIS will continue to use a random, computerized H-1B Cap selection system for both the regular and advanced degree exemption registration submissions. However, this is easier said than done because several requirements and procedures are involved that govern the employee and employer who want to make an H1B petition to concurrently work. 2) Will this cause problems or will benefit in the lottery process of H1b? A3. We have updated our Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker, webpage to show that petitioners must file at the service center listed on their selection notice. To that end, USCIS also provides a tool to download a .csv file and search for duplicate entries. 30 H1B Registration Process FAQs - LCA, Multiple Filings [2022] - RedBus2US There is an error message that indicates an email mismatch or invalid passcode. Q6. USCIS found XXX and the petitioner are linked companies as indicated by open-source information XXXX, the website for XXX.. If they cannot prove the same, their H1B petition is not counted and fees are lost and the employer will be taken action for fraud/ misrepresentation. Now they are no more with business(consultancy) and all are not reachable. This is considered legal and perfectly fine. USCIS may deny a petition, or revoke a petition approval, based on a registration that contained a false attestation and was therefore not properly submitted. Please see the video below for instructions about setting up registrant accounts. Before you submit your registration(s), you can check whether the registrant named in the draft submission previously submitted a registration for any of the beneficiaries included in that draft submission for the same fiscal year. Can Multiple Companies File an H1B for the Same Applicant? Is it legal to file multiple petitions for the same h1b cap year by different employers and both are different jobs? Airtel Investors Approve Googles Rs 5000 Crore Investment For Acquiring 1.28% Stake; Rs 1.17 Lakh Cr Infra Spend Also Approved, BharatPe Co-founder Ashneer Grover Resigns; Claims He Was Forced To Resign From His Own Company, America Needs 12 Lakh Computer Experts Right Now, But H1B Limitations Makes It Tough, Not Getting H1B Visa? Also, these are just the beginning of the NOIDs shared publicly by Thomas V Allen Lawfirm. Subscribe our newsletter to stay updated. For example , a person is filing his h1-b registration with multiple employers who are no way connected to each other and having a prospective job offer for his skill like if he gets H1 he will be employed directly kind of things. What is Considered Fraud? Q4. Applicant/petitioner/requestor account Individuals use this type of account to prepare and file applications, petitions, or other benefit requests. Multiple H-1B registrations are legal as long as they are done by unrelated employers with real and unrelated job offers. Yes, you will need to create a new account. We are working on an upcoming H-1B modernization rule that will propose, among other improvements, bolstering the H-1B registration process to reduce the possibility of misuse and fraud in the H-1B registration system. Q2. A22. Please choose the correct account typeH-1B Registrant or Legal Representative, as applicablewhen you create your account. The Concurrent H1B - How to Work for Multiple H1B Employers - VisaPro 1 attorney answer. There are three types of USCIS online accounts: A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. Both the client (prospective registrant) and attorney will need a USCIS online account for the H-1B electronic registration process. What is Considered Fraud? Our system will not separately notify the registrant. Registrants working with a representative will review company information that their representatives enter. You do not need to create a new legal representative account unless you do not have one. Is there a way that I can obtain a copy of denial reason for that H1B. If you choose the wrong account type, you may use a new email address to create a new account in myUSCIS and choose the correct account type. Are Indians that stupid? USCIS saw upward trends in the FY 2022 and FY 2023 H-1B registration periods as well. Denied:Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. Creating an online account is easy; please see the videos below. A lawsuit had been filed with the US district court of Columbia against the H-1B selection process for fiscal 2022. Entering the same beneficiary more than once. No. It will not check for duplicates within that draft or between drafts. This does not prevent other prospective petitioners or their representatives from submitting registrations for that same beneficiary, but they too need to ensure that each prospective petitioner only has one registration submitted for the beneficiary. It will not check for duplicates within that draft or between drafts. 23, 2018). Multiple registration for a single H-1B worker by different 'employers' challenged in a lawsuit Lubna Kably / Updated: Jul 1, 2021, 20:37 IST AA MUMBAI: A group of 510 foreign nationals, including Indians, who were not selected in the recently concluded H-1B cap visa lottery have filed a lawsuit. Is Specialty Occupation Required for Concurrent H1B? Q28. An official website of the U.S. Department of Homeland Security, An official website of the United States government, H-1B Electronic Registration Frequently Asked Questions, To protect your privacy, please do not include any personal information in your feedback. What happens to my registration submission if the payment fails to initially go through? A19. A recent report states that from almost 190,000 in the fiscal year 2019, the number of H1B specialty occupations has decreased to 125,000 in the fiscal year 2020 to a mere 62,000 in the fiscal year 2021, according to the study done by a study by the National Foundation for American Policy (NFAP). The electronic registration process streamlines processing by reducing paperwork and dataexchange, and provides overall cost savings to employers seeking to file H-1B cap-subject petitions. We would like to show you a description here but the site won't allow us. Q25. Even when using this check function, the representative and the registrant still are responsible for ensuring that they do not submit duplicate registrations. Our handling of multiple H-1B cap petitions is consistent with 8 CFR 214.2(h)(2)(i)(G) and Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. If you properly submitted other registrations for different beneficiaries, these valid registrations would remain in the system for the selection process. If you do not, we will reject or deny your petition. That will also have employers abuse the system. Similarly, related or affiliated companies cannot each file cap-subject petitions for the same beneficiary, unless there truly are two separate job opportunities that can be clearly documented. What if I choose the wrong account type when I am creating a USCIS online account? After they select I am an H-1B registrant account type, registrants will not be able to add additional information until the initial registration period opens.
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