H1B in RFE. If denied can I file for new H1B immediately

[lavan.dinesh]

Hi,

I have applied for H1B in 2013 quote through Company A and I have received a RFE. We are yet to reply to it. MY doubt is if in case the applied H1B gets denied can I file for a new H1B immediately through the same Company A or new Company B. Will the new H1B petition be cap exempt. Thanks for your reply.

[1unclesam]

If the petition gets denied, you will have to wait till the next year window opens to apply for a H1B visa. You cannot transfer an unapproved petition to Company B.

[JoeF]

If the H1 is denied, you are not yet counted in the quota, so an employer can only file a new H1 for you from April 1, 2013 on, for a start date of Oct. 1, 2013.

[t75]

If the issue resulting in the denial is unresolved, why bother. You need to address the RFE before you worry about a new stamping.