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H1B ext denial, MTR processing and Fresh H1B

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  • H1B ext denial, MTR processing and Fresh H1B

    Hi,

    Following is my H1B case:
    My work model is EVC (I have 1 vendor in between my employer and end client.)
    My first term H1B expiry date was Feb-2011. My employer filed H1B extension in Jan-2011. In April-2011 we received RFE asking for Client letter and other supporting letters. We couldn't get Client letter but managed to get the letter form the middle Vendor with all the information. We submitted the documents to USCIS in May-2011.

    In Jul-2011, I got a denial notice with reason as 'Client letter not received'. I came back to home country in Jul-2011.

    Now, after denial I have got the Client letter. So my employer has filed for MTR in Aug-2011.

    Following are my questions:
    1. What are the chances of MTR approval?
    2. What is timeframe that I should look for MTR processing?
    3. Can I file a fresh H1B with the same employer? Can my denial impact this fresh H1B application?
    4. Can I file a fresh H1B with other employer? Can my denial impact this fresh H1B application?

    Any help is appreciated. Thanks in advance.

  • #2
    Originally posted by ndewasthali View Post
    Hi,

    Following is my H1B case:
    My work model is EVC (I have 1 vendor in between my employer and end client.)
    My first term H1B expiry date was Feb-2011. My employer filed H1B extension in Jan-2011. In April-2011 we received RFE asking for Client letter and other supporting letters. We couldn't get Client letter but managed to get the letter form the middle Vendor with all the information. We submitted the documents to USCIS in May-2011.

    In Jul-2011, I got a denial notice with reason as 'Client letter not received'. I came back to home country in Jul-2011.

    Now, after denial I have got the Client letter. So my employer has filed for MTR in Aug-2011.

    Following are my questions:
    1. What are the chances of MTR approval?
    No one can say.
    2. What is timeframe that I should look for MTR processing?
    2 to 3 months.
    3. Can I file a fresh H1B with the same employer? Can my denial impact this fresh H1B application?
    This is complicated. One employer is not allowed to file 2 petitions for the same person. If MTR is approved and petition is re-opened, that will mean same employer will have two pending petitions, that is not allowed.
    4. Can I file a fresh H1B with other employer? Can my denial impact this fresh H1B application?
    Yes, assuming you have not spent 6 years in US in H1 status, another employer can file.
    Any help is appreciated. Thanks in advance.
    See above.
    This is my opinion and not legal advice.

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