Chicago, IL asked in Immigration Law for Illinois

Q: Anything wrong with having two H1B petitions and a Green Card petition at a time?

I am an F1 student. Currently on OPT. In April 2018, I have applied to H1B with two companies at a time. Let’s call them company A and B. In the lottary process, both companies has been selected. Currently both of the petitions are in pending process. The company A has received an RFE, and responded, and the case is in pending since then. Company B has not received anything yet, and the case is still pending too. I took my OPT this August and started working for company B. The company B really likes me and is already ready to file Green Card for me, and they started the proccess. They say they do not event wait for H1B result and just willing to file GC.

So now, I will have 3 petitions. Two H1B s, and one Green Card.

Is that ok? Is there anything I have to be concerned with? How would USCIS think about this? Is this a red flag or it is ok? Should I just let it be, or take some actions?

Thanks for your answer!

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1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: The only issue we see is that if the petition for A is approved 1st you will need to decide what you are going to do relative to B. If the petition for B is approved first, then that works in your favor vis-à-vis the green card application, in that it allows you to stay in the US in lawful while awaiting adjudication of the green card.

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