You may sense correctly that once the H1B case is denied and referred to the local office for processing the agents are not limited to a specific time to review that case. Filing a duplicate application will still trigger similar scrutiny in my opinion, as your case is already flagged.
The only reasonably way to handle this morass is to retain a good employment visa attorney in your area.
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I agree with my colleague.
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It was some years ago when an I-290B was filed in one of my cases, and it was decided that it would be faster to file a new petition. The second petition was approved. It all depends on the facts and evidence. We obtained a lot of excellent evidence, and wrote a thorough brief with the appeal (which was ultimately approved), and then the same new evidence we used to support the appeal also helped the new petition to be approved. So, again, you can't just re-submit basically what you already submitted that was questioned, but if you can obtain evidence to satisfy the concern, then you could file a new petition that is better documented.
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