H1B Cap exempt sponsorship with Multiple employers

USA H1B Visa
1

Hi All,

I am under H1B cap exempt, I have I797B. Recently employer A filed my H1B cap exempt transfer under premium processing, but employer A is not confirming my approval state or RFE etc, saying still under process even the Premium process time exceeded, But Now I have another employer B ready to file my same petition with valid client etc. But my question is

  1. Can I able to start process with employer B while Employer A is already filed and under process?
  2. If my Employer A receives approved or RFE, can I commit with Employer B with my current I797B?
  3. Does my Employer B knows about my existing process by employer A at any chance?
  4. If my employer B starts the process, and mean time Employer A petition approved, which I797B copy is required by employer B? because employer A is not clearing and letting me know about my petition status.

Thank you

2

It seems like you are confused too much. Its very simple.
If employer A gets his/her petition approved, you can choose to work for him/her OR you can choose not to work for them.

The same above is true for any other (including employer B) employer.
Thus,

Yes

With your current 797: NO (since it doesnt belongs to Emp B)

Not by default, but if he wants, he can find it.(which is unlikely)

Employer B

3

Thank you,
I have my current cap exempt I797B , which is neither employer A nor employer B.
EmployerA started cap exempt process under premium, but I dont know about the status like approved or denied or RFE, they are not revealing on that status.
Now can I use my same cap exempt I797 for employer B to process?

In the mean time if employer A gets approved, RFE or denied what is the employer B situation.

Thank you

4

Thanks for the reply,
Please clear me the below doubts.
I have my current cap exempt I797B, this is belongs to neither employer A nor employer B. Sponsor of this I797B is the one original employer.

Now Employer A started cap exempt process under premium, but I dont know about the status like approved or denied or RFE, they are not revealing on that status since long time.

Now can I use my same cap exempt I797 for employer B to start process?

In the mean time if employer A gets approved or RFE or denied which one employer B needs to start process. I mean can I use the one I797 I have from original sponsor employer?

Thank you

5

Yes

No impact. Both are independent parallel processes.

I would strongly suggest you stop worrying, your situation is very normal and no issues on it.