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madhuti
10-06-2015, 12:45 AM
In Aug my employer filed H1B Extension and the layer structure is like Employer<-->VendorA<-->PrimeVendorB<-->SameClientX
On Sept 22, due to employer-employee relationship issues, my H1B Ext got denied and my current H1B got expired on Sept 20.
As I am out of status, my employer filed new H1B through Counselor process and the Layer structure is like SameEmployer<-->NewVendor<-->NewPrimeVendor<-->SameClientX
Today I received the receipt for new H1B filing filed by my current employer, my NewPrimeVendor proposed an option that he will hire me and do the H1B filing with SameClientX.
My Questions:
- Am I be in safe position if my newPrimeVendor files a new H1B.
- When I go the consulate will there be a chance of asking on why there is 2 H1B filing.
- As my Current employer filed the new H1B with Primevendor as one of the layer, will there be any conflicts on both H1B filing done by current employer and Future employer(who is my current Prime Vendor).

wetfeet80
10-06-2015, 10:36 AM
You can have any number of h1b transfer going in parallel. That will not be an issue. The consulate wont ask you any questions on that. Even if they do (though I dont think they will), just tell them that the other vendor offered better salary and benefits. There is no conflict from USCIS point of view. Whether your agreement with current employer allows you to do that, is a different question.:D

In Aug my employer filed H1B Extension and the layer structure is like Employer<-->VendorA<-->PrimeVendorB<-->SameClientX
On Sept 22, due to employer-employee relationship issues, my H1B Ext got denied and my current H1B got expired on Sept 20.
As I am out of status, my employer filed new H1B through Counselor process and the Layer structure is like SameEmployer<-->NewVendor<-->NewPrimeVendor<-->SameClientX
Today I received the receipt for new H1B filing filed by my current employer, my NewPrimeVendor proposed an option that he will hire me and do the H1B filing with SameClientX.
My Questions:
- Am I be in safe position if my newPrimeVendor files a new H1B.
- When I go the consulate will there be a chance of asking on why there is 2 H1B filing.
- As my Current employer filed the new H1B with Primevendor as one of the layer, will there be any conflicts on both H1B filing done by current employer and Future employer(who is my current Prime Vendor).

madhuti
10-06-2015, 10:57 AM
Thanks for your response.
Want to check on this, Current prime vendor is ready to apply for H1B for me.
Current employer filed H1B with following layers:
Employer(XXX) <-->Vendor(VendorX)<-->Vendor(PrimeVendor)<-->Client(YYY)
Now PrimeVendor is ready to apply for new H1B:
FutureEmployer(PrimeVendor)<-->Client(YYY)

Doubt:
- here there be any conflict from new H1B(PrimeVendor) filing with already applied H1B(by current employer).

wetfeet80
10-06-2015, 06:46 PM
Thanks for your response.
Want to check on this, Current prime vendor is ready to apply for H1B for me.
Current employer filed H1B with following layers:
Employer(XXX) <-->Vendor(VendorX)<-->Vendor(PrimeVendor)<-->Client(YYY)
Now PrimeVendor is ready to apply for new H1B:
FutureEmployer(PrimeVendor)<-->Client(YYY)

Doubt:
- here there be any conflict from new H1B(PrimeVendor) filing with already applied H1B(by current employer).

There is no conflict in this from H1B stand point. Both are separate and independent petitions.