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naresh_me

H1 Denial Appeal

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Hello,

My H1 was filed in 2017 quota and got RFE and later was denied. My employer is trying to appeal it, and  as per USCIS the process might take 3-6 months to get a result. Can I apply for a new H1 with same or new employer next year April in 2018 quota while the appeal is still in progress?

Thanks

 

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You got the years wrong. This year was for the 2018 quota, for the US fiscal year 2018, which started on Oct. 1, 2017. Next year is the 2019 quota.

Multiple H1 petitions for the same person by the same employer are not allowed, so the same employer can only file a new H1 if he withdraws the appeal.

A new employer can file an H1 next year.

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