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H1 denial and Can I apply a new H1 this year ?

Seattle, WA |

Hi,

I am on H4 and I have filed H1 through an employer in 2012 . He applied for COS from H4 to H1.After two RFEs , my application was denied. My employer is saying that my application was denied as he is not able to show to USCIS that he is a H1 dependent employer. Also my application is filed separately and for the other employees he has submitted the applications in a group and for all of them H1 was approved.

The notice of decision is saying "The non immigrant visa petition filed to classify the beneficiary under the section 101(a)(15)(H) of the Act has been denied." What does this mean ?

I am planning to apply for H1 from another employer this year.Would there be any impact to my new H1 as my previous H1 was denied ?

Thanks,
Nikhila

Attorney Answers 5


  1. The prior denial has not bearing on a petition by another employer.


  2. As long as you are in status there shoudl not be any impact but you do need to disclose the prior filing. It sounds like the Denial is related to issues relating to the employer and not to you anyway.


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law


  3. The mere fact of the previous denial should not impact any future filing.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  4. he denial should not impact your new H1B application


  5. The language in quotes is indicating that the petition that was filed by your employer has been denied by USCIS. You are eligible to reapply for H-1B classification. If the position qualifies as a "specialty occupation" and you have a Bachelor's degree in a related field, then you should be eligible for H-1B status. As for the prior denial, it appears to be related to the employer, and not towards you, however, I would have to review it in detail. You should consider setting up a consultation to discuss at length.

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