H4-H1 COS with Multiple Employers

Hi Saurabh/team,

I would really appreciate and thankfull if any one could provide me suggestions on my situation. I need it Very urgent.

I am on H4 and i have appled H4-H1 COS under last year quota-Nov 2011 and got RFE and responded. Its in RFE response review from more than 90 days.

Now i got another job offer from a big firm and they are filing for me H4-H1 COS in premium Process. Please Note that i had h1B with this firm 2 years back and then got converted to H4. hence under quota exempt they are filing my petition.

Now questions are:

Can i go ahead filing new H4-H1 COS under premium while the old h1 petition is still in RFE response review?

Any RFE will issue regarding my old petition asking why i have filed another? I am afraid of this because i never informed my employer about my previous pending petition.

What if the old gets approved before the new one/ vice versa? Since these are filed with COS how the approvals will effect my status?

Please Please someone guide me on this situation.


As per my understanding, multiple H1B petitions can be filed for same individual by different employers. Hence, answer to your first question is Yes.

I don't think USCIS will issue RFE notice asking why another petition is filed.

When one of them gets approved, you are supposed to start working with that employer on that date mentioned in the approval notice. Filing the new petition under Premium Processing will enable you to get the result quicker and then you may ask the other employer to withdraw the pending petition (or the COS), if possible.