H1B Denied - New H1B petition can be filed?


mitubarman

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Hi ,
 
I have an issue and could you all please advise me on that.
 
I am on H4 Visa. A consultancy ABC firm applied for my H1B petition in 2015.My name got picked up on lottery but they gave RFE in February 2016 asking for
more documents as I was supposed to be hired for an internal project.ABC firm replied to RFE but USCIS denied my case on
10th March 2016 stating that the evidenced ABC provided about the internal project was not enough.
They asked lot many questins about the internal project,their clients and a lot of stuff.Now ABC said they would appeal for it within 33 days.
However I have contacted a different consultancy firm XYZ for this year to file for my H1B.
 
Now my question is can XYZ file for a new H1B petition this year 2016-2017
while ABC appeal for the old petition.
I have not said ABC yet that I am looking or different consultancy this time as last year`s one got denied.
Is it allowed to appeal for last year`s petition while different firm applying for a new one.
 
Also,If the old petition gets approved after appeal,can I withdraw the new one.
If My New petition gets approved before the last year`s appeal result comes,will ABC have to withdraw the old appeal.
 
Or should I simply ask ABC not to apply for appeal?
 
I am little scared to not apply for this year H1B petition with another firm because I am not sure if ABC`s appeal will help.
 
Sorry for the long post.I am really in need of your help.
 
Thanks a lot

 

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USCIS closely scrutinizes petitions filed by IT staffing companies for an in-house position for work on an internal project. From their perspective, they are often approaching the case with the question of 'is there really a project or are you just unable to find a client to place the worker with'. Unless the company has been running the project for some time and actually has people already working on it and can document all of that, success is usually not very likely.

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You have no control over what happened at the old firm. If they want to challenge the decision let them do that. However, you do have control over your new petition, in the sense make sure it is filed from a reliable firm, by an experienced lawyer, and with a real project. 

 

You can file as many H1-B petitions as you want and if it is legit, all can get approved. H1-B is nothing but willingness of a firm to hire a temporary worker. But once approved, you can only work on one H1-B visa at one particular time. 

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True.This project they showed was a new one.But my question is shall I let them to appeal or should I not allow them to appeal as I am already applying from a different one this time.Thanks

 

You cannot submit new project details now. Like I said before this H1 is gone, go for new employer.

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