Clarification on MTR Processing

[Sri9876]

My current employer has filed for H1B and it got selected in the lottery in 2018. And, I have received RFE and was denied. My attorney has reopened the case using Motion to Reopen(on Dec 10th 2018) and it is in progress now. I am on Stem Opt and it is going to end in Aug 2019. I am thinking about various scenarios. Could someone please help me with the following scenarios?

1) Can I file the new H1B in 2019 with the same employer, if my MTR filed for H1B in 2018, is still processing? Is it considered under dual petition filed under same employer for same beneficiary?

2) Can I change the employer and apply for new H1B when Motion is in process?

3) What if I changed the company and the MTR filed by previous employer is approved? And if the H1B filed by new employer is not picked during the FY2020 lottery, what will happen to the MTR that is approved?

4) Can I come back to the previous employer if the MTR is approved and continue working? Please help me what the process would be for this scenario.

Thanks 

Sri

[srini005]

1) Can I file the new H1B in 2019 with the same employer, if my MTR filed for H1B in 2018, is still processing? Is it considered under dual petition filed under same employer for same beneficiary?

Yes you can file new petition for the upcoming year, it did the same

2) Can I change the employer and apply for new H1B when Motion is in process?

Yes you can after the MTR gets approved you can come back.

3) What if I changed the company and the MTR filed by previous employer is approved? And if the H1B filed by new employer is not picked during the FY2020 lottery, what will happen to the MTR that is approved?

You can come back to your previous employer.

 

4) Can I come back to the previous employer if the MTR is approved and continue working? Please help me what the process would be for this scenario.

YEs