H1B denied. Appeal or Motion to Recon

C

catherine878

New Member
My H1B petition was denied on Sep. 3rd. USCIS provided the appeal form and requires me to respond within 30 days. I tried to find the answer to my questions online but with no results so far.

Here are my questions:
1. I was told by one lawyer that it's not possible to re-file a new petition with the same position in the same company. Is that true?

2. Since appeal will take up to a year, what is my status during these waiting months? I suppose I can no longer work.

3. Is a motion to reconsider (or a motion to re-open) faster than the appeal process? If so, how much faster? While processing the motion, do I still have the H1B quota?

Thank you for reading the message!

CT
 
Because my company is a software consulting company, so in the company profile, we wrote that the consultants might be working onsite at client's or in our own office. The three engagements for me are all to be performed in our home office, but because we did not explicitly say what the working location for each location was, the client's address was mistaken for my working location. On the LCA, there is only my home office's address for Working Locations, therefore my case was denied.

I think it's a mistake, but I don't want to go through a 6-month long appeal.

My OPT expired June 24th.
 
Mine has the same Issue too my employer did not submit LCA may be.
I am trying to do H1B transfer with another companey also doing an MTR/Appeal
 
My Lawyer says ,he will refile a new H1B application next year,since the appeal/motion for an H1B takes more than the estimated time (which is 10 months) .I am currently on a valid F1 status.
The reason for my denial was that the position (programmer analyst) is not a specialty position (I work for a web hosting company-no contract) .My lawyer claims this as a mistake.Not sure what the fact is?

my Questions:

Can I re-apply in April 2008 for the same position(little more specific) /same company.

Can I travel on a valid F1 status while my appeal is pending with AAO?

Hope to hear from someone soon.

I feel USCIS should have a faster way to reconsider such applications.10 month + time period is non sense.
 
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