If 2 diff employers file H1B petitions for 1 candidate & both petitions get picked in the lottery

If 2 different employers file H1B petitions for 1 candidate & from them both petitions get picked in the lottery, 1st Query - would there be a chance of rejection for both petitions?

2nd query - What would be the best way to do?

  1. If USCIS feels that the 2 employers are related, then RFE could be issued followed by denial.

  2. Best way to do what?

Hello Saurabh,

adding to above questions, If the 2 employers are not related to each other, then what’s the chances to get RFE or Denial ?

Now Just lottery picked , what will be the best time to ask one of the employer to withdraw the petition?

Can’t we wait for approval or RFE and then decide the next step?

Thanks in advance

It depends. If both are consulting companies, then USCIS may still want to confirm. If one of them is a big reputed MNC and other is a consulting company, then USCIS may still be ok w/o RFE.

Are you confident about at least one of the petitions getting approved? If yes, then you can ask the other employer to withdraw (financial loss to them). If not, you can let both process and then pick one of the approved petitions.