H1B denial in 2013.. Next steps?

[havquery]

Hello,

My employer has applied for a H1B visa for me on April-2013. I got the receipt number as well from my employer after the selection of application in the lottery. This application first went to RFE and then went to denial after some response from my employer. As far as the discussion with my employer, I understand that the reason was that USCIS denied for lack/insufficient documents regarding my work/project/client details. But unfortunately, employer didn't revoke/re-appeal the denial notice.

In April-2014 my employer didn't apply H1B for me.

a) So far, I am under the impression an application once denied is the end of that application and there is nothing that can be done except to wait for next years's quota.
b) But now, I heard from one of my friends that there is a chance for me to re-apply for H1B any time through my employer or any other H1b sponsor as well in the 2013 quota itself (As I am already one of 65000 selected applicants in April-2013 through lottery) without waiting for April-2015 H1B quota again.

I just want to understand whether 'a' is correct or 'b' is correct. can you please clarify and let me know the procedure?

Thanks,

[havquery]

Hello,

My employer has applied for a H1B visa for me on April-2013. I got the receipt number as well from my employer after the selection of application in the lottery. This application first went to RFE and then went to denial after some response from my employer. As far as the discussion with my employer, I understand that the reason was that USCIS denied for lack/insufficient documents regarding my work/project/client details. But unfortunately, employer didn't revoke/re-appeal the denial notice.

In April-2014 my employer didn't apply H1B for me.

a) So far, I am under the impression an application once denied is the end of that application and there is nothing that can be done except to wait for next years's quota.
b) But now, I heard from one of my friends that there is a chance for me to re-apply for H1B any time through my employer or any other H1b sponsor as well in the 2013 quota itself (As I am already one of 65000 selected applicants in April-2013 through lottery) without waiting for April-2015 H1B quota again.

I just want to understand whether 'a' is correct or 'b' is correct. can you please clarify and let me know the procedure?

Thanks,

Can somebody reply to this question please?

[L1h123]

Hello All i am Also on same Boat can some could please reply to his Thread..

Hello All i am Also on same Boat can some could please reply to his Thread.. Appreciated you on small Hit for next steps..

[raghvi]

Hello,

My employer has applied for a H1B visa for me on April-2013. I got the receipt number as well from my employer after the selection of application in the lottery. This application first went to RFE and then went to denial after some response from my employer. As far as the discussion with my employer, I understand that the reason was that USCIS denied for lack/insufficient documents regarding my work/project/client details. But unfortunately, employer didn't revoke/re-appeal the denial notice.

In April-2014 my employer didn't apply H1B for me.

a) So far, I am under the impression an application once denied is the end of that application and there is nothing that can be done except to wait for next years's quota.
b) But now, I heard from one of my friends that there is a chance for me to re-apply for H1B any time through my employer or any other H1b sponsor as well in the 2013 quota itself (As I am already one of 65000 selected applicants in April-2013 through lottery) without waiting for April-2015 H1B quota again.

I just want to understand whether 'a' is correct or 'b' is correct. can you please clarify and let me know the procedure?

Thanks,

I would say a. A never approved petition is not considered cap exempt.

If USCIS has revoked the petition, which they most probably would have as the basis of the petition itself (adequate and suitable work) was not there, then you have to go through fresh Cap.

This is my opinion not legal advice.

[L1h123]

Hello experts can you please let us know your valuable answers.

Hello experts can you please let us know your valuable answers.