2 cap exempt petitions by 2 different companies

Hi Saurabh and team,

My question is;

  1. Is it legitimate for me to have 2 different companies/employers file cap exempt petition for me at roughly about the same time? I have a 3 year H1b visa that is valid till Sept’2018.

  2. Which petition is more likely to be approved (the one that reaches first or second)?

  3. Does the employer whose petition is not approved required to withdraw their cap exempt petition? Do they get a full fee refund?

Thank you!

  1. Yes

  2. Either or both can be approved based on documents and information submitted.

  3. Once it is denied, no fees is returned. As it is denied and not approved ever, there is no question of withdrawing.