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H1Dreamer

***Tracker for MTR/Appeal on H1B denied cases***

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Hi,
My h1b was denied on Aug 03,2014 and then MTR has been opened on Nov 10, 2014, however I still see no change in status, it is still in initial review status.

 

Can anyone please let me know if I can apply for new H1B again with another employer when MTR is still in progress?

 

If we can apply, do we need to inform the new employer about the deniel?

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Hi,
My h1b was denied on Aug 03,2014 and then MTR has been opened on Nov 10, 2014, however I still see no change in status, it is still in initial review status.

Can anyone please let me know if I can apply for new H1B again with another employer when MTR is still in progress?

If we can apply, do we need to inform the new employer about the deniel?

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Hi, Can we apply H1b again with another employer when MTR is still in progress? Please let me know if anyone has applied or planning to apply.

 

 

as you know 

 

I applied H1 in April 2014 with employer A through Vendor B and Client C.

Unfortunately it is denied , opened MTR , it is also denied as there are no sufficient documents.

Now i trying to get  the documents, 

 

Now i am planning to re open the MTR again with sufficient documents.

with employer A.

 

Can i file the new application through Vendor B for Client C.

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Can i file the new application through Vendor B for Client C.

Yes, but why you need A's H1 when vendor is ready to file your H1.

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Yes, but why you need A's H1 when vendor is ready to file your H1.

 

I might get the letter from client so then  A's H1 will be definitely approved.

More over if Vendor B will apply H1 through Client C, it will be in lottery again.

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I might get the letter from client so then  A's H1 will be definitely approved.

More over if Vendor B will apply H1 through Client C, it will be in lottery again.

Yes it will be in the lottery if your initial H1 is not approved.

Does both petitions show same client?

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Hi,

My h1b was denied on Aug 03,2014 and then MTR has been opened on Nov 10, 2014, however I still see no change in status, it is still in initial review status.

Can anyone please let me know if I can apply for new H1B again with another employer when MTR is still in progress?

If we can apply, do we need to inform the new employer about the deniel?

Are you applying H1B again this April? any update on your MTR?

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Yes it will be in the lottery if your initial H1 is not approved.

Does both petitions show same client?

Yes both petitions are with same client.

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Yes both petitions are with same client.

That's a sure shot for rejection. How can two employer's have same position for same employee??

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My attorney said two employers can apply for the same client in two different years.

http://www.murthy.com/2015/02/11/h1b-cap-season-reminder-multiple-h1b-filings-for-same-beneficiary/

 

"A single company cannot file multiple cap-subject petitions for the same individual. Similarly, related or affiliated companies cannot each file cap-subject petitions for the same beneficiary, unless there truly are two separate job opportunities that can be clearly documented. Companies choosing to file in this manner must be able to demonstrate that that each petitioning company has a genuine, distinct job opportunity available"

 

Please go through the above link.  You work at the same location so obviously two employers cannot have same client and same project for one employee. Just think practically.

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Guys, Any update on anyone's MTR? When can we hear from USCIS once the service request is raised? Is there any timeline mentioned? 

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http://www.murthy.com/2015/02/11/h1b-cap-season-reminder-multiple-h1b-filings-for-same-beneficiary/

 

"A single company cannot file multiple cap-subject petitions for the same individual. Similarly, related or affiliated companies cannot each file cap-subject petitions for the same beneficiary, unless there truly are two separate job opportunities that can be clearly documented. Companies choosing to file in this manner must be able to demonstrate that that each petitioning company has a genuine, distinct job opportunity available"

 

Please go through the above link.  You work at the same location so obviously two employers cannot have same client and same project for one employee. Just think practically.

In my case previous employer filed H1 in 2014 and that is denied and we applied MTR and the decision is still pending. But I am with same client and moved to another employer. My new employer is filing H1 for me this year with the same client and when I asked about it my attorney said that we can file a new petition this year with same client.

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Hi Sankmr,

 

No update yet. Still the status is 'Case was received on 4 september 2014. Did you get any update in your case ? 

No response yet. Its almost 4 months now, so asked my Employer to raise the service request. It got raised last week but still no change in status yet.

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In my case previous employer filed H1 in 2014 and that is denied and we applied MTR and the decision is still pending. But I am with same client and moved to another employer. My new employer is filing H1 for me this year with the same client and when I asked about it my attorney said that we can file a new petition this year with same client.

Alright go ahead. I just gave you a link posted by this forum and if you think that your case is different from the one mentioned in that article then you are good to go.

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I think my case is different. Thanks 

Is it possible for two employers to have same job at same client location for one employee?? Doesn't it mean that those two jobs are one and same??

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Is it possible for two employers to have same job at same client location for one employee?? Doesn't it mean that those two jobs are one and same??

But they have not given any decision for last year's MTR and we applying for new petition this year. It is not like filing 2 petitions with 2 different employers with same job in the same year but in 2 different years. 

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But they have not given any decision for last year's MTR and we applying for new petition this year. It is not like filing 2 petitions with 2 different employers with same job in the same year but in 2 different years. 

That makes sense. Make sure this time you got all the documents.

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Are you applying H1B again this April? any update on your MTR?

 

Good news... my patience(4 months wait) really got paid off.
 
My employer got approval notice for my MTR and they emailed me the same. 0ld case is updated however my new status is not updated yet. Here is the current status I see on both cases.
 
Wish everyone all the best. 
 
Old case status:
On March 18, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC#. We will mail your approval notice. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
 
MTR case status:
On November 10, 2014, we received your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number EAC#, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by December 10, 2014, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
 
Case denied on: OCT 03, 2014
MTR Received by USCIS : Nov 10, 2014
MTR approval received on: MAR 18, 2015

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Good news... my patience(4 months wait) really got paid off.
 
My employer got approval notice for my MTR and they emailed me the same. 0ld case is updated however my new status is not updated yet. Here is the current status I see on both cases.
 
Wish everyone all the best. 
 
Old case status:
On March 18, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC#. We will mail your approval notice. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
 
MTR case status:
On November 10, 2014, we received your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number EAC#, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by December 10, 2014, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
 
Case denied on: OCT 03, 2014
MTR Received by USCIS : Nov 10, 2014
MTR approval received on: MAR 18, 2015

 

Congrtas. What was the reason for your denial ?

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