View Full Version : Waiting for H1B Appeal Decision vs. Filing new H1B petition

02-27-2014, 02:47 PM

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?