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Samasthitha

H1-B denial and re-application

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Hi everyone

Only yesterday I saw my case status and it said "RFE response review" today I get to see the denial of my case. I am disappointed. For the wait, I did not expect this. Yet to know the reasons of my denial.

Anyway I want to move on, I want to apply through another company and I wanted to know whether my fresh application will be considered under 2012 cap count? (previous application was in May 2011)

Somebody please help.

thanks

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Was this your first time h1 b application?

If yes, then you will have to wait till April1st, 2012 to file for new H1 and you can start working on H1 from Oct 1, 2012. (This is because your petition was denied, it is not counted towards the CAP)

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Since the H1 is denied, it has not been counted for the cap. So, a new H1 application could only be filed from April 1 on, for a start date of Oct. 1, i.e., for fiscal year 2013.

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