RFE received for H1B


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Hi All,

I have two H1B visas filed in my name currently.

The first one was filed when the quota was still open and the second one was filed after the quota got closed.

While filing the second visa, the company used the receipt notice of the first company so that I can be counted within the quota/ cap and my application was accepted.

After few days, I received an RFE stating that, since my first H1B is not yet approved, the second one cannot be counted as within the quota.

Is this correct?

So, if my first visa is not approved, will my second visa also not be approved?

Or can my second employer respond back saying that I am within the quota as they accepted it in the first place?


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