Bangs, TX Immigration Law Firms & Lawyers

I do not see a problem with different employers filing two different H-1B transfer petitions at the same time with the same job code. This is not the case of an applicant attempting to circumvent the rules for H-1B registrations for initial H-1B visa status under which duplicate registrations associated with the same employer are not allowed. I assume that if both petitions are approved, you would take the job that best suits your wishes for future success. One thing that you should watch out for is the last action rule under which a later approved petition is the one which is valid for the extended-stay in the US. If the first approved petition is the one that you want, you should have the employer withdraw the second pending petition. Otherwise, you might have to take a trip outside the United States and return showing the wished for H-1B approval sheet to immigration inspectors. Under that circumstance, if you do not already have an H-1B stamp in your passport, you may have to go through the visa stamping process at the consulate before returning. Good luck! Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

You can petition for a relative who is currently in the US.  Since a visa number will not be readily available for your brother, it will be many years before he can immigrate based on an approved petition.  If, at the time a visa number becomes available, your brother is in the US, he can apply to adjust his status rather than process at a consulate abroad.  Chances that he will still be an international student many years from now when a visa number is available; however, are not great, so your brother will likely process through a consulate anyway.