H1B Dilemma - Please help!

[manshim]

Hi,

 

I am on H4 visa right now. I have a question with regards to my H1B visa situation. 

 

An employer filed for my H1B last year in April 2013. We received a RFE in August which was answered in Oct (within the time frame). It was denied by USCIS in Nov 2013 saying that it did not receive any response to the RFE. My employer filed an appeal in Dec 2013 with the copy of the certified mail receipt stating the papers were submitted in Oct and the required RFE paperwork. The appeal is still pending. USCIS said it can take upto 6 months for the decision to come in (June 2014)

 

Meanwhile, I got another offer from a different company. He wants to file a new H1B application this year for me (April 2014).

 

My questions - 

 

1. Can the new employer file a new H1B application for me in April this year? Will it cancel the appeal motion? 

 

2. If the new H1B petition also gets denied, I intend to go back to school this Fall. Will having two H1B denials hinder my F1 (student visa) chances?

[jairichi]

 

Hi,

 

I am on H4 visa right now. I have a question with regards to my H1B visa situation. 

 

An employer filed for my H1B last year in April 2013. We received a RFE in August which was answered in Oct (within the time frame). It was denied by USCIS in Nov 2013 saying that it did not receive any response to the RFE. My employer filed an appeal in Dec 2013 with the copy of the certified mail receipt stating the papers were submitted in Oct and the required RFE paperwork. The appeal is still pending. USCIS said it can take upto 6 months for the decision to come in (June 2014)

 

Meanwhile, I got another offer from a different company. He wants to file a new H1B application this year for me (April 2014).

 

My questions - 

 

1. Can the new employer file a new H1B application for me in April this year? Will it cancel the appeal motion? 

 

2. If the new H1B petition also gets denied, I intend to go back to school this Fall. Will having two H1B denials hinder my F1 (student visa) chances?

 

1. Yes, new employer can file H1B petition. It will not cancel your appeal in progress.

2. Yes.

[jairichi]

 

Hi,

 

I am on H4 visa right now. I have a question with regards to my H1B visa situation. 

 

An employer filed for my H1B last year in April 2013. We received a RFE in August which was answered in Oct (within the time frame). It was denied by USCIS in Nov 2013 saying that it did not receive any response to the RFE. My employer filed an appeal in Dec 2013 with the copy of the certified mail receipt stating the papers were submitted in Oct and the required RFE paperwork. The appeal is still pending. USCIS said it can take upto 6 months for the decision to come in (June 2014)

 

Meanwhile, I got another offer from a different company. He wants to file a new H1B application this year for me (April 2014).

 

My questions - 

 

1. Can the new employer file a new H1B application for me in April this year? Will it cancel the appeal motion? 

 

2. If the new H1B petition also gets denied, I intend to go back to school this Fall. Will having two H1B denials hinder my F1 (student visa) chances?

 

To add to my previous comment you can also study on H4.

[rahul412]

 

 

1. Can the new employer file a new H1B application for me in April this year? Will it cancel the appeal motion? 

 

2. If the new H1B petition also gets denied, I intend to go back to school this Fall. Will having two H1B denials hinder my F1 (student visa) chances?

 

1. Yes, new employer can file your H1. Forget about pending H1, your old employer will take care of it

2. Generally, it won't

[simk]

 

My questions - 

 

1. Can the new employer file a new H1B application for me in April this year? Will it cancel the appeal motion? 

 

2. If the new H1B petition also gets denied, I intend to go back to school this Fall. Will having two H1B denials hinder my F1 (student visa) chances?

 

Generally, if you are staying in the country and then applying for COS,  there will be some chance.... but Visa stamping at an US Consulate is definitely No-No...