H1B - RFE Denied

[kgurrala]

Hi,

  I applied for H1B in the year 2014 and the petition got picked in the lottery. Later, there wan an RFE on my application. And, my consulting firm addressed the RFE in a timely manner. But, the RFE is denied in December 2014. And, there is no proper communication from my consulting form later. They didn't mail me the reason for why my RFE is denied and never contacted me again.

 

On the bright side, my spouse's petition was picked the same year (2014) and got the H1B stamping successfully. So, I got a H4 status and come over to USA on Feb 27, 2015 along with my spouse.

 

I applied for an advanced certification program in one of the universities in California and was accepted because of my prior experience as a software engineer for about 4 and half years in India. In November, 2015 I applied for a H4 - F1 status change as my certification program qualifies me for 12 months of OPT period. I am expecting to know update on my application by end of February, 2016.

 

Now, if I try to see the status of my H1B application (filed in year 2014) using the application number, this is what I see:

On April 11, 2015, the Post Office returned your document to us. We will hold your document for 180 days or until October 8, 2015. Please go to www.uscis.gov/e-request to request that we resend the document to you. If you do not submit an online request by October 8, 2015, we will destroy your document and you will need to file a new Form I-129, Petition for a Nonimmigrant Worker, with fee. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

Now, that you know my immigration history. May I ask, if there is any possibility for another consulting firm to use the H1B application petition that is picked in the year 2014 lottery process and apply/appeal it this year 2016 ?

 

Recently, I came to know from a friend whose condition is a little similar with mine. But the only difference being:

  He applied in year 2008 got a RFE but later the petition got approved. But, didn't go for the VISA interview. Later, in the year 2014 using the same application another consulting firm applied and got the H1B stamping done.

 

Can you please help me understand my options. Thanks in advance.

 

 

[jairichi]

Without an approved H1B petition you did not go under cap. Employer has to file a cap subject H1B petition in April.

[GNH]

The rules changed few years back ...now you need to work for the initially petitioning H1-B employer to start your H1B status. You have lost your h1-b.

It was possible to transfer the h1-b without working for the original petitioning employer if the application was filed before the rules changed . And that is what your friend seems to have taken advantage of .

[jairichi]

It was possible to transfer the h1-b without working for the original petitioning employer if the application was filed before the rules changed . And that is what your friend seems to have taken advantage of .

It is not that difference between OP and his friend. OP's cap subject H1B petition was denied after RFE while that of his friend was approved after RFE which means OP was not considered under quota while the friend is cap counted.

[GNH]

I read it as the petition got approved but the OP's friend never worked for the initial applicant employer either ... Maybe I was mistaken

[kgurrala]

So, I have to go with a new H1B petition in 2016 and there is no chance I can appeal the denied RFE? Seems like I delayed in doing it as I didn't have proper information from my employer.

[kgurrala]

And thank you all for the responses. They are very helpful.

[jairichi]

So, I have to go with a new H1B petition in 2016 and there is no chance I can appeal the denied RFE? Seems like I delayed in doing it as I didn't have proper information from my employer.

Yes, you need to go under cap again.