H1B visa petition for FY 2021 while appeal is still in process

USA H1B Visa
1

Hi,
I am on F1 STEM OPT at present. My company filed a petition for my H1B visa last year (FY 2020). It got picked, got an RFE and ultimately got denied because of the specialty occupation reason. Even though I felt that my RFE arguments and evidence were very strong. My company filed for an appeal and it is still processing. They plan to file this year as well (FY 2021). I have multiple questions:

  1. What happens to the appeal if they file for H1B for FY 2021?
  2. Since it was denied last year, does that affect the process in terms of USCIS not selecting for the lottery?
  3. What should my company keep in mind when they file this year? Should I request them to change my position that aligns with USCIS specialty position and if so should they do it before they send my details for lottery?

Thanks in advance!

2
  1. Nothing, they are independent.
  2. No, it will not.
  3. It should be discussed with employer and see how your profile fits the role, why it was denied last time and try to fix it accordingly. It could be job SOC Code or Job description or duties, etc…So, discuss all of this and try to address them in this year filing.