Appeal/MTR for denied h1B.Pls suggest

[JayaGopal]

Hello,

My H1b is denied and the employer wants to appeal for it.When i looked at the processing times for H1B appeals, it is mentioned as 14 months.

1) Does that mean that the Appeal/MTR takes 14 months for the decision to be known?

2) If it takes such a long time, while the Appeal is in process can i apply for H1B again?

3) When the Appeal is filed for can i go out of the US and comeback?

4) Instead of Appeal can the same employer file for a new H1b again?

Please suggest me the best thing to be done.Thanks in advance for your response.

Jaya

[txh1b]

1. Possibly
2. Yes. But you do not hold a status during the appeal if the I-94 expires. So it has to be a CP case. If your illegal presence exceeds 180 days, you are subject to a ban.
3. Depends. You cannot enter if your visa/H1b expired unless you have a new status.
4. A CP case is possible.

[JayaGopal]

Hello Sir,

Thanks for your reply. I am currently on H4 and it is valid till 2012.
So, in that case while the Appeal is made for, i go out of US and come back before the decision is known,does that become a CP?
Thanks again for your time and response.

Jaya

[txh1b]

Travel during a COS petition voids the COS.

[divijaan]

hi Jaya
Have you got any response? I am in the same state. Can you share your experience?

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hi Jaya
What did you do? Any update on your case status? I am in the same case as you!

Thanks
divijaan