Skip to main content

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

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!

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

+ Read More

Attorney answers 3

Best Answer

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

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


Your other employer can indeed file for you.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.