H1B Rejected Last Year Appealed - Impact on Fresh Application

[nishant333]

Hi,

 

My H1B petition last year was rejected by USCIS after an RFE. The RFE was related to the bachelor's equivalence not matching to the bachelor's requirement specified in the job description. This was purely due to a mistake made by the employer (employer A) in specifying the role requirement correctly. This employer then filed an appeal against this rejection which is still undecided. Even today the status of my petition is in "Initial Review" with case status transferred to another office. 

 

Another employer (my current employer B) would like to file my H1B petition for this year (H1B 2015).

1. Can you please tell me if the previous petition (which is still not withdrawn) have any bearing on the new petition?

2. When do, if at all, I would need to reveal to my current employer of the past H1B petition?

3. Should I ask employer A to withdraw previous petition appeal if it does indeed has a bearing on my present petition?

 

 

NT

[rahul412]

Your new employer can file your H1 this year.

[nishant333]

Thanks Rahul. Can you tell me if I need to provide rejected (and appealed) petition related information to my current employer? Also, since the RFE was related to bachelor's equivalence is there a negative impact on the new H1B petition? 

[rahul412]

Thanks Rahul. Can you tell me if I need to provide rejected (and appealed) petition related information to my current employer? Also, since the RFE was related to bachelor's equivalence is there a negative impact on the new H1B petition? 

I think you need to tell everything about your prev H1 to your current employer.

If you are H1 job is not related to your Bachelor's degree then you will have some issues...