Key Takeaways
• Yes, two companies can file an H1B transfer for you simultaneously.
• Both employers must file separate Form I-129 petitions.
• USCIS evaluates each petition independently.
• Choose which employer to join based on approval, culture, or salary.
• Timing, documentation, and status maintenance are critical.
• Filing multiple transfers doesn’t violate USCIS rules, but transparency is key.
If you're an H1B worker recently laid off or exploring new opportunities, you may be in talks with multiple employers. That naturally raises the question:
“Can two companies file an H1B transfer for me at the same time?”
The short answer is yes, USCIS allows it. But there are key legal, strategic, and practical points to consider. In this article, we break down the process, risks, and real-life scenarios, especially for tech workers across New Jersey, California, Texas, and other immigration-heavy states.
According to USCIS, there is no restriction on multiple employers filing H1B transfers for the same beneficiary. Each company must file a separate Form I-129 petition with its own Labour Condition Application (LCA) and supporting documents.
Also Read: H1B Transfers and Extensions: What You Need to Know
What is an H1B Transfer?
An H1B transfer allows a new employer to sponsor your H1B visa so you can start working for them without going through the lottery again. It’s not a literal transfer, but a new petition under H1B cap-exempt rules.
Checklist: What’s Required from Each Employer
Each employer must independently submit:
• Form I-129, Petition for a Non-immigrant Worker
• Certified LCA from the Department of Labor
• Proof of employer-employee relationship
• Job offer letter
• Your current visa, I-94, recent pay stubs, and passport copies
• Filing fees and USCIS forms
Filing multiple petitions won’t interfere with one another. USCIS reviews them individually.
Timeline: How to Manage Multiple Transfers
Job Search + Offer Stage:
• Interview with multiple companies.
• Receive offer letters.
Petition Filing:
• Each employer files a separate H1B transfer.
• Petitions can be filed concurrently.
After Filing:
• You may begin working with the employer whose petition receives a receipt notice.
• If both get approved, you can choose which employer to join.
Important: You must only work for one H1B employer at a time, unless you explicitly file for concurrent employment with both (a different process).
Also Read: Process for Changing Employers While on H1B
H1B Transfer vs. Concurrent Filing
| Criteria | H1B Transfer | Concurrent H1B Employment |
|---|---|---|
| Purpose | Switching jobs | Working for two H1B employers at once |
| Petitions Required | Separate petitions per company | Yes, but both must state “concurrent” |
| Common Usage | Comparing multiple offers | Side gigs, part-time work |
| Approval Needed | USCIS decides each independently | USCIS must approve concurrent status |
Real-Life Case Study: Rakesh’s Decision in California
Rakesh, a data engineer in San Jose, was laid off in January. Within three weeks, he had two job offers:
Company A: A mid-sized fintech in Texas with fast processing
Company B: A large FAANG company in New Jersey, but slower legal team
He asked both to initiate H1B transfers. Company A’s petition was approved in 3 weeks (premium processing). Company B’s took 2 months. Rakesh joined Company A immediately but later switched to Company B after their petition was approved.
Lesson: Multiple transfers give you flexibility, but USCIS must approve each independently.
Common Questions & Concerns
Will USCIS know I have multiple H1B transfers?
Yes, but it is not a problem unless you misrepresent your intent or violate terms of employment.
Can I work for both employers?
Only if concurrent H1B employment is approved. Otherwise, you can only work for the employer whose petition you choose to act on.
What if I start working for one employer and get a better offer later?
If the second employer’s petition is approved and you haven't violated your status, you can switch.
Questions to Ask Your Immigration Attorney
• Can both employers file using premium processing?
• Should I disclose to each employer that another is also filing?
• What are the risks if one petition gets denied?
• Will this affect future green card processing?
Insights for Tech Workers
• In New Jersey and California, processing times may vary across service centers.
• Immigrant tech workers often face tight timelines due to layoff cycles; dual filings buy time.
• Stamping in Hyderabad or Chennai? Multiple transfers don’t affect your stamping unless you misrepresent employers.
Conclusion
Yes, two or more employers can file H1B transfers at the same time.
Each petition is evaluated on its own, and there’s no USCIS rule that prohibits multiple filings. This strategy is helpful if you're exploring multiple offers or want a backup in case one petition is delayed or denied. Stay transparent, act within your 60-day grace period, and make decisions based on legal clarity and career fit.
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