Do I have any chance to reopen my last year(2014 CAP) H1B petition which is denied


gunaa

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Hi,

I applied for H1B (2014 CAP visa) last year, which was denied  because of employee-employer relation. As I have my OPT till Oct-2014 I dint go for the MTR. This year my H1B petition din't get selected in the lottery, now I want to know if I have any chance to  request USCIS  to reopen my last year(2014 CAP) H1B petition which is denied. Nothing changed since then, as I'm  still with the same employer and working for the same vendor/client as last year.  

 

any suggestions or help will be most appreciated!!  

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Hi,

I applied for H1B (2014 CAP visa) last year, which was denied  because of employee-employer relation. As I have my OPT till Oct-2014 I dint go for the MTR. This year my H1B petition din't get selected in the lottery, now I want to know if I have any chance to  request USCIS  to reopen my last year(2014 CAP) H1B petition which is denied. Nothing changed since then, as I'm  still with the same employer and working for the same vendor/client as last year.  

 

any suggestions or help will be most appreciated!!  

That H1B petition is long gone.

Generally, motions should be filed within 30 days from the date of the decision (not from the date it was received).  The time for you to file your motion to reopen can only be extended at the discretion of USCIS if you demonstrate that the delay was reasonable and beyond your control.

http://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

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@ jairichi: As I passed that 30 day period from the date of the decision, Is their any chance to appeal at this moment saying that my petition is not selected for 2015 CAP or it took time to get the client letter so as to support my delay to repond with in 30days.

 

@ t75: I'm still with the same employer and they will support me if I have any chance to re open my 2014-CAP H1B petition. Thanks for your response!!

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@ jairichi: As I passed that 30 day period from the date of the decision, Is their any chance to appeal at this moment saying that my petition is not selected for 2015 CAP or it took time to get the client letter so as to support my delay to repond with in 30days.

A year to get a client letter? IMO, USCIS will not entertain your MTR application. Check with your employer's attorney too.

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@ jairichi: As I passed that 30 day period from the date of the decision, Is their any chance to appeal at this moment saying that my petition is not selected for 2015 CAP or it took time to get the client letter so as to support my delay to repond with in 30days.

 

@ t75: I'm still with the same employer and they will support me if I have any chance to re open my 2014-CAP H1B petition. Thanks for your response!!

That application is gone forever.

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That H1B petition is long gone.

Generally, motions should be filed within 30 days from the date of the decision (not from the date it was received).  The time for you to file your motion to reopen can only be extended at the discretion of USCIS if you demonstrate that the delay was reasonable and beyond your control.

http://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

As I passed that 30 day period from the date of the decision, Is their any chance to appeal at this moment saying that my petition is not selected for 2015 CAP or it took time to get the client letter so as to support my delay to repond  in 30days.Thanks for your response!!

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As I passed that 30 day period from the date of the decision, Is their any chance to appeal at this moment saying that my petition is not selected for 2015 CAP or it took time to get the client letter so as to support my delay to repond  in 30days.Thanks for your response!!

 

How often do you need to hear the word NO until you understand it?

The application is gone. Period.

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I'm still with the same employer and they will support me if I have any chance to re open my 2014-CAP H1B petition. Thanks for your response!!

There is NO chance.

The application is GONE. There is absolutely nothing that can be done. Zero.

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