H1B picked in lottery and denied.Now planing to file MTR, Can the same employer file a new petition for coming year while current petition's MTR is in process?

[H1bSpecial]

Hello,

Below is my question. Kindly answer in detail

My H1B picked in lottery and then denied recently(Issued RFE for Specialty occupation, responded and now denied - yet to know the reason and receive notice from USCIS). Now the employer is planning to file MTR. Can the same employer file a new petition for coming year while current petition's MTR is in process?

Thanks in advance.

[Karn89]

@H1bSpecial: Sorry to hear about your denial.

I believe your employer can definitely file a new petition. It is independent of the MTR.

Actually, even I received an RFE last week for Specialty Occupation. If you don't mind, may I ask what documentation did you submit in general, because I am planning to send my documentation to USCIC soon.

 

Your response will be helpful. Thanks!

[BePositive+]

Hi,

I also received denial on my H1B application for Specialty Occupation in last week. My employer is planning to file MTR, could you please answer below questions?

1. My employer (agency) is not disclosing the denial notice to me. Is this normal? I think I should get to see the denial notice. Any advice?

2. Can I travel internationally during the MTR? 

3. Any idea what is the success rate of MTR.

Thanks in advance.

[JoeF]

On 10/6/2017 at 10:34 AM, H1bSpecial said:

Hello,

Below is my question. Kindly answer in detail

My H1B picked in lottery and then denied recently(Issued RFE for Specialty occupation, responded and now denied - yet to know the reason and receive notice from USCIS). Now the employer is planning to file MTR. Can the same employer file a new petition for coming year while current petition's MTR is in process?

Thanks in advance.

No, not while an MTR is in progress.

 

[JoeF]

1 hour ago, sp2017 said:

Hi,

I also received denial on my H1B application for Specialty Occupation in last week. My employer is planning to file MTR, could you please answer below questions?

1. My employer (agency) is not disclosing the denial notice to me. Is this normal? I think I should get to see the denial notice. Any advice?

2. Can I travel internationally during the MTR? 

3. Any idea what is the success rate of MTR.

Thanks in advance.

On H1, the employer can NOT be an agency. The employer has to be able to control your work, as part of the employer-employee relationship. AN agency can't do that.

Also, the H1 is the employer's petition. The employer does not have to share anything with you. Good employers, do, though.

You can leave the country while an MTR is pending, but you can not come back unless you have some other valid visa.

In general, an MTR is a waste of time and money, unless there is additional information that USCIS didn't consider.

Find a new employer for next year. A better one, not a shady consulting company.

 

[H1bSpecial]

9 hours ago, JoeF said:

No, not while an MTR is in progress.

 

Hello JoeF,

Are you sure that the same employer cannot file a new petition for coming year while MTR is in progress?

 

[BePositive+]

@JoeF Thank you so much for your response.

[JoeF]

2 hours ago, H1bSpecial said:

Hello JoeF,

Are you sure that the same employer cannot file a new petition for coming year while MTR is in progress?

 

I guess it depends if the case is reopened. An employer can not have two petitions for the same employee.

[H1bSpecial]

My employer submitted Job description, degree evaluation(Masters in Computer science) from attorney, vendor letter, client letter, SOW, Right to control letter, Employment verification letter