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H1 extention denied on Dec 28 2009 Can I apply for fresh H1 in January?

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  • H1 extention denied on Dec 28 2009 Can I apply for fresh H1 in January?

    Hi,

    I have applied for H1 extension in March 2009, I got a RFE in May 2009 and we answered to it in June 2009. On 28 Dec 2009 my H1 got denied (online status), we are still waiting for the reason for denial. My employer mentioned that he is going to apply for MTR after receiving the notice officially. He also mentioned that he is going to apply for a fresh H1.
    My questions:
    1. Can I apply for a fresh H1 irrespective to quota, as I am not sure in January 2010, quota for 2009 is considered or not.
    2. Can I apply fresh H1 through another employer(B) in January 2010, I am counting on Jan 2010 as by the time I gather required documents and apply for H1 it would be Jan 2010.
    3. Can I work while MTR is active?
    4. My wife's I 539 - application for H4 extension also got denied, what should we do for her?

    Thanks
    Aj

  • #2
    1. No. Quota is full. Wait until April 2010.
    2. See above.
    3. Not really.
    4. Leave US.

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