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SK0291

H1B Denial Appeal & new H1B Filing

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Is it possible for me to file an appeal for my last years FY2019 H1B case that was denied and have a petition in the lottery for FY2020. We have sent the docs in the lottery but have to make a decision weather to appeal or not.

Edited by shrey0291

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I do not think an appeal for FY 2019 h1b application would be an issue while 2020 application in progress. Two different applications right.

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On 4/5/2019 at 1:12 PM, xTDx said:

I do not think an appeal for FY 2019 h1b application would be an issue while 2020 application in progress. Two different applications right.

If the appeal gets selected or approved for review what happens to the 2020 application then ? I obviously cant have two h1b processes going on right ?

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WHy making it complicated ? If appeal is approved, and new h1b is pending, USCIS may request RFE to withdraw the new application. Why not ask these questions to your employer who has filed these applications. 

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If it is the same employer both cases would get denied due to duplicate filings.

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20 hours ago, xTDx said:

WHy making it complicated ? If appeal is approved, and new h1b is pending, USCIS may request RFE to withdraw the new application. Why not ask these questions to your employer who has filed these applications. 

We have filed for the Fy2020 application have two more days to decide weather to appeal or not. My employer has left the decision to me as my OPT ends feb 2020. The thought behind filing an appeal is if by april end or may i dont get picked in the lottery I have something going for me

Edited by SK0291

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15 hours ago, JoeF said:

If it is the same employer both cases would get denied due to duplicate filings.

Yes it is the same employer. If i do get selected for lottery then we would withdraw the appeal. By april end or may first two weeks we would know right even before anything happens with the appeal ?

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On 4/9/2019 at 10:20 PM, JoeF said:

If it is the same employer both cases would get denied due to duplicate filings.

I think that is only when employer is filing for same FY cap subject petitions. In OP's case the appeal is for previous year's case.

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