New H1b Lottery picked but petition got denied

[venky654]

Hi,

My H1B petition got picked last year and it went to RFE. Attorney submitted the documents, but it got rejected.

1) Can we file for MTR for this even if its first time?

2) If its rejected because of client letter, can 1 get new client and client letter and file MTR for the same petition?

3) If i file MTR with new client, what are the chances of getting it approved?

4) Attorney received the rejection letter lately. Is there any option to get extended time for filing MTR?

5) Can different attorney file MTR or it has to be the same attorney who filed petition has to file MTR?

6) What is approximate cost for filing MTR for H1B?

Need your quick help on this, as i have 10days remaining for completing 1month rejection date.

Thanks,

Venky

[JoeF]

First, you can't file anything. Only an employer could file an MTR.

Second, an MTR is usually a waste of time and money.

Third, a new client would result in a denial, because that shows that the original petition was not approvable due to not having a valid client.

Find a better employer.

[Attorney_15]

A Motion or an Appeal can be filed on a denied Cap petition. An Untimely Appeal can be filed on a denied H1B Petition once the 30 days have passed. However, generally, the job must remain the same without changes to any part including to the client. Usually USCIS would consider a change to the client in an H1B petition to be a change to an essential element of the job. If you are seeking specific legal advice on your case, you do need to contact a lawyer directly as the information provided here is for general informational purposes only.