MTR in progress - Can we file new H1 petition?


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Hi all,

I have filed for an H1 petition last year through an employer A and it was picked in lottery. However, after an RFE and further analysis, it was denied, since employer A and the vendor has submitted a renewed work order that had the updated dates compared to the original contract dates ( eg: if the project started in March'16, and the contract was renewed in June'16, USCIS was sent the updated work order from June-Dec), leading to a denial of H1 visa as the LCA-work order dates are not in sync. So, an MTR has been filed. (Motion to Reappeal). 

1. Can we file for another H1 petition through same or different employer this year again?

2. should we withdraw the current MTR and proceed?

Please help me out. 


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