My H1B was picked in the lottery, but got an RFE on the client letter. The employer responded, but the case was denied. Can we appeal, or can I reapply through a different employer without having to wait for next year’s lottery?

Answer

If the case was improperly denied, there is an option to file a motion to reopen / reconsider or an appeal within 30 days of the denial. Unless the case is approved, though, one would typically need to reapply the following year through the lottery. (20.Jun.2016)

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