Yes. without really having a genuine offer, then they are in trouble. filing more than one H-1B petition by an employer on behalf of the same alien in the same fiscal year will result in the denial or revocation of all such petitions. A26. That being said, never allow a company to filemore than one H1B petition for a same job, and only agree to file H1B with companies that you can trust. Your email address will not be published. Furthermore, we would consider a registration to not be properly submitted if it contained an attestation that was not true and correct (for example, that a company worked with another entity to submit multiple registrations for the same beneficiary to unfairly increase chances of selection for that beneficiary). That will also have employers abuse the system. One can file N number of parallel petitions. A petitioner is eligible to refile their rejected petition as long as it is refiled within the designated 90-day filing window. The online registration process of the H-1B cap for the fiscal year 2023 will begin on Tuesday, March 1, 2022. If your registration is invalidated due to a failed payment after the registration period closes, you will not be able to submit a new registration. The attorney can designate multiple authorized officials in a client company. How do I find it? 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. . This check will compare the beneficiaries listed in the draft with any registrations previously submitted during this registration period. Registrants or their representative are required to pay the $10 non-refundable H-1B registration fee for each beneficiary before being eligible to submit a registration for that beneficiary for the H-1B cap. The U.S. Department of Labor requires employers to pay H-1B workers at least the going rate ("prevailing wage") in their area for the type of work they do, and more if the employer pays more to other workers doing the same job. 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. So, hard to say. We would invalidate only the duplicate registrations. The older you get the harder to find the next job with the same job description. Process transactions using a checking account. By sikanth2018h1b, March 12, 2018 in H1B : General. We would like to show you a description here but the site won't allow us. Alert: H-1B petitions can be portable from one job to another.For information about petitioning for a beneficiary in valid H-1B nonimmigrant status and when they may begin new H-1B employment, regardless of whether they are currently employed or have been terminated, click on "Changing Employers or Employment Terms with the Same Employer (Portability)" below. Registrants working with a representative will review company information that their representatives enter. Our system will not separately notify you that the registrant has approved the Form G-28 and H-1B registrations. If you discover that you or your representative submitted more than one registration for the same person and the initial registration period has closed (after noon Eastern on March 17, 2023), there is no way to correct this error. Q11. The recall feature is not available if the client has attempted to link the account. Your registration data will be available in your account for 30 days from the date you last worked on your registrations. The NOID is issued in such cases. Submitted:The registration has been submitted and is eligible for selection. For more information about the H-1B program, visit ourH-1B Specialty Occupationswebpage. In this case, they say that these companies used the same attorneys, used boilerplate support letters, contracts, related financial transactions, shared employees, etc with about 132 overlapping H1B registrations filed by them. If you are an attorney and already have an existing legal representative account, your account will work with the H-1B electronic registration process. The company would need to have the individuals at each office create their own registrant account for which they are authorized to sign. Start new topic; If one employer files two H1B applications through subsidiaries for the same job position, that is considered a duplicate application and it is illegal. Do we need to ask the employer withdraw one petition? Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. 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. USCIS saw upward trends in the FY 2022 and FY 2023 H-1B registration periods as well. To ensure fair and orderly distribution of available H-1B visas, we will deny or revoke multiple or duplicative petitions filed by an employer (including its related entities) for the same H-1B worker and will not refund the filing fees. You will need to use a new email address to set up the H-1B registrant account type. But, the chances are low for second full-time H1B approval unless USCIS is satisfied that you can really work 80 hours per week. It would be great if you can shed some light on here. In order to submit an H-1B registration, you must first create a USCIS online account. Any ways, i undestood you too guys are genious.i will be waiting to see u guys to relocate to India soon. USCIS reviewed the petition, the registration data, and additional resources and has determined that the petitioner has colluded with another company during the registration process to unfairly increase chances of selection. Only these two account types will work with the H-1B electronic registration process. This was first reported by Law Offices of Thomas V Allen in 2022 and later more shared by attorneys, users in 2023. Though one Can work for only one employer at a time (unless petitions are concurrent). If attorney provide all supported documents will they approve the H1? 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? In other words, if your name is selected in the lottery, the USCIS will check if your name and passport # was registered with any other company, and if it was, you will be automatically disqualified. Trakin Tech Network Please see the video below for instructions about setting up an attorney or representative account. What happens if a legal representative submits a registration but then stops representing the registrant? Can an attorney represent a petitioner for an I-129 petition if the petitioner completed the H-1B electronic registration process without the help of the attorney? 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. A20. There is a daily transaction limit for credit cards of $24,999.99 per credit card per day. Feb. 21: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern. A12. *The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments. USCIS records indicate the beneficiary has a conformation number for four separate registration with two being selected, USCIS reviewed the petition, the registration data, and additional resources and determined that the petitioner has colluded with another company during the registration process to unfairly increase the chances of selection. As such, it is perfectly legal. A10. There are three types of USCIS online accounts: A prospective petitioner may only have one registration submitted per beneficiary per fiscal year. You can, as long as the additional employer is willing to file a petition for a Concurrent H1B take up a specialty occupation requiring more than one status. Q29. Should we proceed? Each registration is for a single beneficiary. Now both of these companies can file H1B registrations for you. What are the chances of winning the H1B lottery this year? This is considered legal and perfectly fine. All of the information contained in the registration submission is complete, true, and correct; the registration(s) reflect a legitimate job offer; and. If you have real offers from companies like Google and Microsoft, you can apply for multiple, there is nothing wrong with that. We would not consider such registrations duplicates. Q21. last years H1b case status shows we began reviewing your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number ************. anonymus, Whenever the word in-house appears, it is a red flag to the visa officer. Answer Yes, two (or even more) employers may submit registrations for the same individual, assuming each company has a job opportunity for that person. Save my name, email, and website in this browser for the next time I comment. Below is the exact wording. A registrant will not be able to appeal our finding that the registrations are duplicates. No. Is my answer "BEST ANSWER" and/or "HELPFUL"? Under this process, prospective petitioners (also known as registrants), and their authorized representatives, who are seeking to employ H-1B workers subject to the cap, complete a registration process that requires basic information about the prospective petitioner and each requested worker. (Again, I never approved of this) Can someone help with what I can do next? Review our. Q1. Pune, Maharashtra 411030, Trakin Tech Network6, Vivek Building, Sadashiv Peth,Pune, Maharashtra 411030. If you need other technical support, please call the USCIS Contact Center at 800-375-5283. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. April 1: The earliest date that FY 2024 H-1B cap-subject petitions may be filed. FAQs, US Visa Stamping in India Dropbox Appointment, OFC, FAQs, How to Check US Visa Status Online? As a baseline for everyone, filing multiple H1B Registrations through unrelated employers is technically allowed. Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or; Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st . Q12. Beginning in FY 2023, the attestation that is required before submission indicates, I further certify that this registration (or these registrations) reflects a legitimate job offer and that I, or the organization on whose behalf this registration (or these registrations) is being submitted, have not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission.. More Immigration Ask a lawyer - it's free! If you discover you or your representative submitted more than one registration for the same person and the initial registration period is still open (before noon Eastern on March 17, 2023), you can go into your account and delete the extra submission(s) until there is only one registration for the beneficiary. No one knows. However, this will not be allowed anymore. Filing H1B with the wrong company can ruin any future immigration plans to the US, and it is just not worth it! Are Indians that stupid? You need to keep two things in mind: 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? The exact wording by USCIS in the NOID is as below: Based on the USCIS records, USCIS Concluded that the petitioner made a false attestation when registering beneficiary for the FY23 H1-1B Cap Lottery and made an improper registration based on USCIS collusion research. If your payment fails, we will attempt to notify you, but the burden will be on you to determine the status of your required payment. If you do not know your account number, this will not affect your H-1B registration. What happens to my old account? 1. Browse related questions 1 attorney answer Posted on Apr 20, 2021 If so, please acknowledge and mark it so. They added this extra attestation during the submission process to hold the employers accountable. As most of you know H1B Visa is one of the most sought temporary work visas and there was a tremendous amount of demand for fiscal year(FY) 2023 with 484K H1B Registrations submitted and even more for FY 2024 a crazy 781K registrations. A: Yes, as long as multiple companies are not related to each either in any way through ownership, subsidiaries, or otherwise. USCIS has added duplicate checker functionality to the electronic registration process. You must submit all registrations and payments successfully before noon Eastern, March 17, 2023, for consideration in the initial registration period selection process. First of all, why would you even want to file multiple H1B applications? I discovered that last year, XYZ filed my application with their sister companies without my knowledge. If a prospective petitioner submits registrations for unrelated beneficiaries who happen to have the same name, date of birth, and no passport numbers, would USCIS consider those registrations duplicates? The petitioner made a false attestation when registering the beneficiary for the Fy 23 H-1B Cap Lottery and made an improper registration. May an authorized signatory within the company, who is different from the authorized signatory who signed the H-1B electronic registration, sign the paper Form I-129? As a registrant, can I delete my account? ). A5. The simple reason is, USCIS cannot force anyone to work with one company because they can only apply visa. This requirement applies to part-time as well as to full-time jobs. A25. The system will not prevent a representative and a registrant from both registering the same beneficiary. Similar to the above, H1B Revoke documents were distributed in the Social Media groups and messages in May 2023 for the fraud committed by some users during the H1B FY 2023 season. If registering for the masters cap based on the expectation that the beneficiary will earn a qualifying advanced degree and the registration is selected under the masters cap, but the beneficiary does not obtain their qualifying advanced degree by the time of filing the cap-subject H-1B petition, is there a risk that USCIS will deny the cap-subject H-1B petition for that beneficiary? I recently became aware that it is perfectly legal for different, unrelated employers to each file an H-1B petition for me. Applicant/petitioner/requestor account Individuals use this type of account to prepare and file applications, petitions, or other benefit requests. Q16. Going to India now to get h4 stamping amd come back. Is Specialty Occupation Required for Concurrent H1B? We would like to show you a description here but the site won't allow us. The authorized signatory who signed the registration does not need to be the same authorized signatory who signs the Form I-129. 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. After this, a lottery will be conducted by the USCIS, during which sponsoring employers will file H-1B petitions for selected beneficiaries. Abhishek, 1. Secure .gov websites use HTTPS Should we file the petition or not for 2024 h1b as July 30 2023 is the deadline. Please follow the instructions in the notice and submit any requested materials. Or will the registrant use the same code that was generated at the initial creation of the Form G-28 each time they log in to review or edit it? Thanks for putting it out there. I am still with my employer A. Hi, Can we file multiple H1b Applications with Different employers? Yes. The initial registration period for FY 2024 will open at noon Eastern on March 1 and run through noon Eastern on March 17. Though there is a law barring same employer for filing multiple petitions for same employee. 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. If you properly submitted other registrations for different beneficiaries, these valid registrations would remain in the system for the selection process. I know the law firm of thomas v allen. March 20: H-1B registration period closes at 5:00 p.m. Eastern. What are H1B Consultants? Yes. The initial registration period for a minimum of 14 calendar days each fiscal year. People are still doing multiple registrations, I just found this today on fb. After the legal representative submits a registration, will the registrant be notified via email or by logging into their account? Usually, this is where IT Bodyshops try to take advantage of this rule and try to file multiple registrations without genuine intent or a genuine job offer. Will USCIS invalidate registrations as duplicates if the same representative submits two registrations for the same beneficiary, but for two unrelated companies? The companies were related through financial transactions, contracts, G-28 attorneys, boilerplate support letters, and shared employees. 2023 - Trak.in - Indian Business of Tech, Mobile & Startups. Q6. A33. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:. All clients (prospective registrants) will need to create an H-1B registrant account to review and approve the Form G-28 and H-1B registrations as part of the electronic registration process. Now that we have some background, lets dive into the details of the current NOID issued by USCIS. I tried checking with them but couldnt find any connection. Thanks for responding. A large company that really wants to hire a certain visa-seeker can in effect file multiple H1B petitions for the same visa-seeker by having each of its related entities file a petition on . Also, these are just the beginning of the NOIDs shared publicly by Thomas V Allen Lawfirm. Even when using this check function, the representative and the registrant still are responsible for ensuring that they do not submit duplicate registrations. The answer is yes, but with caveats. If a prospective petitioner submits two registrations for people with the same name, date of birth, and no passport number, we will consider the registrations duplicates and, therefore, invalid.