Motion to Appeal - H1B Denial


Reshmaraj

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Hello, 

I received a denial in my H1B  application due to a misunderstanding (They thought I work as a contractor, whereas I am a Full Service Provide (FSP) to my client). Therefore, I got a denial on this basis. My employer is planning to appeal in Mid Dec 2017. However, I have read that the response could take upto 6 months/1year. My EAD expires on 3 April 2018. Therefore, I have another chance in the H1B lottery system. My questions are

Do you know if there is a way to expedite the appeal process? 

Can my employer file H1b when the appeal is in process? If not, can I withdraw my appeal to apply for H1B in April 2018?  

Slightly in a dilemma as both the situations (appeal and H1B lottery) are based on luck. 

Thank you in advance

Reshma

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