So I have an old expired petition. Employer A's attorney confirms it is a risky case but the Employer A is willing to go ahead and try and use the remainder years on that petition. There is no lottery involved here. He is trying to file it as a cap-exempt petition.
Risky because - It is not crystal clear as to how old a petition can be used, or at least I am not able to find that information on the internet. If any of you are aware please point me to that link.
In parallel, there is Employer B, whose attorney thinks it is risky to use the old petition and hence is ready to file a new petition in 2017 which will be cap-subject.
Initially both the employer's demanded money (in the name of security deposit), but then agreed for a bank Guarantee which I believe is a lot safer as the money is in your account.
My questions are
- I believe since both the petitions are from different year CAPs, this will not be the case of 2 employers filing a petition for the same employee but for different projects.
- However if both the petitions get approved then what happens? In all probability they will not approve simultaneously. One will be before the other. What can/ should I do in such a case? Will the choice rest with me, as to I can pick either approval and proceed?
- Will there be any legal glitches in having 2 approvals, one from 2017 cap and one from earlier cap. Is this possible in reality? or USCIS may deny the second application (whichever happens later) saying one approval is already active (the application which gets processed first)?