My Case is denied

[gurao]

Hi All,
I got selected in lottery this year for H1.
My case now showing as Deniel notice Sent.
I have 7 years experience in IT. I have done my mechanical Engineering.
I'm following up with my employer for this.But he says that he is going for re-apeal,there is no problem from my side.
I got the Denial notice Sep 09 2008.
Is it possible to re-apeal after one month ...?
I fedup with employer and lost hope on him.

Is there any other way to go-ahead..?

I'm sure my all documents are perfect.

Please help me ...

-- Ganesh

[sachih1]

I guess you can approach a different employer to file a fresh one, since you have already been cap counted.

I am not very much sure about this, wait for the expert to comment on this.

[kvijay9]

U can look for a new employer and do the processing in premium processing.

find why ur case got denied.?

[user08]

Just curious to know, If the H1B is rejected/denied, Can we file new H1B under Non Cap ? What documents we need to submit in this case ? I will also do a search in the forum, but if any links are provided it will be good.

[gurao]

txh1b

Dear txh1b can you confirm on this...(whether I can go with another employer or not )because I'm sure deniel is not from my side and employer is not taking any firm decision whether he is going for re-apeal or not...

Please help

-- Ganesh

[txh1b]

You can go with another employer in the next season and go through the lottery again. Unless the H1b is approved, you cannot consider that you were cap counted.

[gurao]

txh1b

Txh1b thanks for your advise.
Can you tel me,whether my current employer can go for re-apeal...?
Is there any time limit...?

Thanks in Advance

-- Ganesh

[txh1b]

There are time limits for appeal. Yes, they can appeal it.

[gurao]

txh1b

My Case Denied on Sep 09 2008.
Till now they have not gone for re-apeal and he informed me that they are consulting with lawyer.
Till what date current employer can for re-apeal...?


Thanks a lot in advance for your advice txh1b.

-- Ganesh

[orion]

Within a year of denial I guess. Wait for confirmation.

[gurao]

txh1b

Hi txh1b,
Can you confirm...?

Thanks
-- Ganesh

[txh1b]

An appeal has to be filed within 30 days of the denial. Appeals take a long period for results, often upto 1 year.

MTR is another way if you believe USCIS erroneously denied a petition. MTR results would show up in 60-120 days.

[txh1b]

Till what date current employer can for re-apeal...?

I am afraid there is no room for that anymore if it was not already filed.

[txh1b]

I guess you can approach a different employer to file a fresh one, since you have already been cap counted.

Wrong! One is not cap counted unless an approval of the H1b happens.