H1B rejected last year and was appealed - Can I apply a new H1B this year?


Last year my H1B petition was rejected after receiving RFE. My prospective employer A filed an appeal against this which is still open. This year my current employer (in India) is going to file a new H1B petition. I have a few questions:

  1. Does the previous rejection (and in appeal) petition have any impact on this new petition?

  2. At what stage do I need to tell my current employer about previous year’s rejection? I would prefer not to tell them.

  3. I had received RFE because of a mistake made by the employer A - requirement for bachelor’s degree specified in the job description (as mentioned in petition) was different from my bachelor’s degree specialization. Ideally , such a role doesn’t require the bachelor’s degree requirement specified in petition by the employer A. My question is will USCIS look at past year’s record (rejected one) when the new petition is filed (assuming my current employer will not make the same mistake ) which could lead to rejection again?

  4. Should I ask employer A to withdraw appeal or it doesn’t make any difference?


  1. No, unless rejection was because of U

  2. U don’t need to

  3. Every case is a different one

  4. Not necessary