H1B visa - RFE received

[formycommonuse]

Hi All,

I have two H1B visas filed in my name currently.
The first one was filed when the quota was still open and the second one was filed after the quota got closed.

While filing the second visa, the company used the receipt notice of the first company so that I can be counted within the quota/ cap and my application was accepted.
After few days, I received an RFE stating that, since my first H1B is not yet approved, the second one cannot be counted as within the quota.

Is this correct?
So, if my first visa is not approved, will my second visa also not be approved?
Or can my second employer respond back saying that I am within the quota as they accepted it in the first place?

Thanks.

[shervin143]

I have two H1B visas filed in my name currently.
The first one was filed when the quota was still open and the second one was filed after the quota got closed.

While filing the second visa, the company used the receipt notice of the first company so that I can be counted within the quota/ cap and my application was accepted.
After few days, I received an RFE stating that, since my first H1B is not yet approved, the second one cannot be counted as within the quota.

Is this correct?
>>> That is correct. Just receiving a receipt notice doesn't make you count against the CAP. Only the approval notice makes you CAP counted.

So, if my first visa is not approved, will my second visa also not be approved?
>>> Yes.

Or can my second employer respond back saying that I am within the quota as they accepted it in the first place?
>>> That will not work.

[formycommonuse]

Thank you for the response.

Do you think since my second employer has used the first employers receipt notice, both H1B petitions may be linked?
Will the RFE on the second H1B hinder or have any adverse effects on my first H1B petition?

Thanks.

[shervin143]

No. RFE on the second petition will have no impact on the first.

Thank you for the response.

Do you think since my second employer has used the first employers receipt notice, both H1B petitions may be linked?
Will the RFE on the second H1B hinder or have any adverse effects on my first H1B petition?

Thanks.