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H1b Denied - Specialty occupation

Hi,

Good Day!

My wife got her H1b visa last year and I traveled with her in the H4 dependent visa to the US on Feb 2013. I found a sponsor here and applied for my H1b visa in April 2013 quota. My application was selected in the lottery and I got my first RFE on August 6th 2013. The RFE related to the Contract/SOW details and my employer submitted the required evidence. Then on November 21st 2013 I got a second RFE stating that “Want evidence that the candidate is eligible to do the specialty occupation”. I am an MBA graduate working in the IT industry as a Business Analyst for 9 years. My employer has also given me a job role which is consistent with my experience. The USCIS thought that the MBA is a general degree and I do not possess the required specialization. My employer gave evidence that I have the equivalent work experience and submitted all my work experience proofs. On Jan 14 2014 I got a Notice of Intent to Deny stating that my work experience and education are not sufficient for specialty occupation. My employer submitted an evaluation from an US authority who can scrutinize my degree and experience and came out with a favorable document. However on March 8th 2014 my H1b petition was denied stating “The petitioner has not provided evidence to show that the beneficiary possesses education, specialized training and/or progressively responsible experience that is equivalent to completion of US baccalaureate degree or equivalent degree in Computer related discipline”.

My employer is preparing to file an MTR/Appeal. My queries are:
1. Can the same employer or a different employer file a fresh H1b petition in April 2014 quota while a MTR/appeal is pending?
2. Does the USCIS put my new H1b on hold if an appeal is pending for an earlier H1b?
3. I am in US for the last 1 year and so will it affect applying a new H1b this current quota?
4. How does my earlier Visa denial affect my fresh visa, will the USCIS refer my old case details to decide on my new H1b visa?
5. Which is the best option: MTR/Appeal or filing a new H1b for the new quota?
I will be grateful if you can help me with the answers.

Thanks,
Harish
 
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