2015 H1b got deined (planning to Revoke it), can i apply for H1b this year 2016 ???

[dilipkumar9]

hello all, quick question
I applied H1b last april 2015, got RFE on OCT 9 2015 , was waiting for decision, and finally bad news, got my H1B denied today march10 2016.
so i want to revoke my denied H1b for 2015 (MTR), also i want to apply a new H1B for 2016 from the same employer (few more weeks left).
now question is , is it okay to have 2015 H1b case active as well as 2016H1b case active from the same employer ??

please give your input.

[dilipkumar9]

trying to get back into the Q. please help guys.

[raghvi]

trying to get back into the Q. please help guys.

You mean to say withdraw it? Yes, your employer can, but how are they ensuring the same will not happen this year too?

This is my opinion not legal advice.

[dilipkumar9]

You mean to say withdraw it? Yes, your employer can, but how are they ensuring the same will not happen this year too?

This is my opinion not legal advice.

i don't want to withdraw it, i just want to reopen/challenge my 2015 denied case and at the same time i want to apply a new 2016 H1b this year. but both the cases are with same employer .. so question is can i have 2 active cases at the same time with same employer ??

[raghvi]

i don't want to withdraw it, i just want to reopen/challenge my 2015 denied case and at the same time i want to apply a new 2016 H1b this year. but both the cases are with same employer .. so question is can i have 2 active cases at the same time with same employer ??

Yes, dont see an issue with that as they are two different petitions.

This is my opinion not legal advice.