First time H1b expired,second time denied - options available

Hi, I wanted to post my situation and wanted to know the different options available.

I am currently employed with Wipro, I have H1b approved and stamped during 2011 quota, details attached as below:

H1b Quota: 2011

Issue date: 02 March 2012

Expiry date: 31 Dec 2012

Present status: Expired, and never used, never travelled


Due to some challenges with my present employer, I never travelled to US, but later realized and I wanted to work in US. So I tried with one consultant and filed the new H1b petition during August 2012, and I have got RFE on this and got denial notice on Oct 19th 2012. It was denied with 2 main reasons

1.    Position applied is not a specialty occupation  

2.    Employer and employee relation not stated


So I wanted to open MTR to provide more evidence on this, but consultant told me that there is no specific time line for MTR, that could go for more than 6 months. So we decided to file new H1b petition, we applied in Jan 2013, and unfortunately got RFE for this as well and denial notice few days back.

This is my case, I don’t know what are the options available for me to enter into US

1.    Can I request my current employer Wipro, to file the extension of my expired H1b? is it feasible, saying that we don’t have project during that time and now we have project and wanted to extend it

2.    What would be the success chances of opening MTR for denial case?

3.    What would be the success chances of applying new h1b petition with same consultant?

4.    What would be the success chances of applying new h1b petition with different consultant / different employer?

I still have that same job with that same company where I had my first H1b approved and stamped and nerver used and expired.

Any prospective employer can apply for new petition for me multiple times irrespective of cap count for next 6 years, is that right? or is there any condition to it ?
  1. Yes, they can file for extension
  2. Depends upon whether you have reasons to counter that denial reasons. In this case, employer will have to show that position is indeed a specialty one and EE relationship is maintained. They will have to submit something more than the RFE response documents and denial happened taking that response into account.
  3. Why do you want to stick w/ the same company that has caused 2 denials in less than a year. Find a better one.
  4. Depends upon the company and submitted documents/information.