H1b expired - extension / new petition

[h1bquery2013]

Hi, I wanted to post my situation and wanted to know the different options available.

I am currently employed with *****, I have H1b approved and stamped during 2011 quota, details attached as below:

H1b Quota: 2011

Issue date: 02 March 2012

Expiry date: 31 Dec 2012

Present status: Expired, and never used, never travelled

Due to some challenges with my present employer, I never travelled to US, but later realized and I wanted to work in US. So I tried with one consultant and filed the new H1b petition during August 2012, and I have got RFE on this and got denial notice on Oct 19^th 2012. It was denied with 2 main reasons

1. Position applied is not a specialty occupation

2. Employer and employee relation not stated

So I wanted to open MTR to provide more evidence on this, but consultant told me that there is no specific time line for MTR, that could go for more than 6 months. So we decided to file new H1b petition, we applied in Jan 2013, and unfortunately got RFE for this as well and denial notice few days back.

This is my case, I don’t know what are the options available for me to enter into US

1. Can I request my current employer *****, to file the extension of my expired H1b? is it feasible, saying that we don’t have project during that time and now we have project and wanted to extend it

2. What would be the success chances of opening MTR for denial case?

3. What would be the success chances of applying new h1b petition with same consultant?

4. What would be the success chances of applying new h1b petition with different consultant / different employer?

[t75]

YOU should not be deciding that you want to do; the petition is your employer's; YOU are not in control of anything and are in no position to be making demands or even requests..

[pontevecchio]

1. It is ****,S remit as to whether they will send you here in H1 status. Unless they do want that the extension is irrelevant.

2. Zero and you will know in a few years.

3. ZERO

4. Fact dependent.