Can I apply new H1-B From same Employer?

[adiludm@gmail.com]

Hi All

Here is my case .

I appeared for visa interview on October 13th and my visa was refused coz of EVC Model.

My H1-B petition was revoked and sent back to USCIS.

While refusing my visa .. Visa Officer said that there are layers between Employer and Client.

Now I have a searched for a direct client who is ready with project.

No vendor in between . Can my Employer apply for h1-b again or do i need a new employer?

Experts please help?

[kuku82]

if there was no problem with the employer , you can certainly apply with the same employer..

there are few examples on this forum who have applied with the same employer and succeeded.

you can go through those posts..

[oasis_asu]

Yes you employer can file for H1 again.

[adiludm@gmail.com]

Thanks for reply.. Should I apply for new H1 or can i still use the same petiition. As the originial Petition is still wid me?

[vidhya18]

@ Adil ,

I think you have to go with a new petition , as Your Working Model is changed . Let the previous one be in Process , but still you can start of applying a new petition .

Good luck ,

Vidhya !!

[kuku82]

same petition will be of no use as that has gone to administrative processing...all purpose of getting new H1B is to get a new stamping with new petition. So you ll need to apply all over again as new H1B and get a new petition. Try to go for premium processing so that you can receive you documents sooner and go for stamping earlier..

[adiludm@gmail.com]

Hi All ..

This petition is not gone for Admin Processing. But went back to USCIS.So do we need an amendment or New H1-B.?

@ vidhya- did u go for stamping yet?

[vidhya18]

@ Adil ,

I think you need to go for New H1b petition if you have any option instead of waiting to hear something on your previous one and try again since your working model is changed you shouldn't have a problem this time .

I would be going sometime Mid of Next month . Would really need all your suggestions though !!

Thanks ,

Vidhya !!!