New H1b through different employer when previous H1 appeal is pending?

Asked over 1 year ago - Bloomington, IL

My previous H1 case was denied in 2012 and employer had filed appeal for it which is pending since 5 months now. 1) Can I file new H1 through different Employer in 2013 ?
2) Do I need to withdraw the previous H1 appeal right now or it can be kept running in parallel with the new petition until any one of them gets approved? Many thanks!

Additional information

I am on L2 status which is valid for next 2 yrs.

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

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    chosen by asker

    Answered . 1. an employer can file an H-1B petition.
    2. the appeal has no effect on a new employer's petition. What can affect the outcome is your status.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Alexander Joseph Segal

    Contributor Level 20

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    Lawyers agree

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    Answered . Your other employer can indeed file for you.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Tripti Sharad Sharma

    Pro

    Contributor Level 20

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    Lawyer agrees

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    Answered . What is your current status? A prospective employer can file a fresh H-1B, but you will have to consular process if you are currently not maintaining status.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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