QUESTION

Can I have two h1b visas at the same time

Asked on Apr 15th, 2016 on Immigration - Florida
More details to this question:
Hi, Employer A filed H1b petition last year and it got approved. Employer B filed H1b petition this year and if it gets approved, can I go for stamping through Employer B after stamping is done through Employer A. i.e if I have valid Visa stamp through Employer A, can I still go for Visa stamping through Employer B. Are there any chances of Visa getting rejected through employer B
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
You can have two H-1B's at one time with different employers as long as you are able to perform both jobs. In situations where an individual has an H-1B visa stamp from one employer, and quits and goes to a second employer which has an H1B approval, an H-1B visa stamp for the second employer is not necessary and the individual can travel using the first employer's H-1B stamp and carrying the current H-1B I-797 petition approval. So given the non-necessity of having 2 distinct visas there, there is the chance that even if you are working for both employers at the same time, a consular officer may believe that it is not necessary for you to have two H-1B visas. A consular officer may also believe that annotating the name of the second employer under the present visa would be enough. Finally if the consular officer believes that there are questions concerning the second H-1B petition, he or she may deny visa issuance. In that case, hopefully nothing that you would have said in the visa interview would cast doubts upon the validity of the already issued H-1B visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    
Answered on May 14th, 2016 at 9:21 AM

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