# First time H1b expired,second time denied - options available



## h1bquery2013 (May 26, 2013)

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?


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## twostep (Apr 3, 2008)

a) How do you plan to extend something that does not exist?
b) What do you want to protest - having left two main items off the application?
c) I presume consultant means attorney. Does H1B not get applied for by the employer?
d) Who is to say? You will know April 2014.


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## h1bquery2013 (May 26, 2013)

*exempt to cap*

can I apply for new petition multiple times irrespective of cap count for next 6 years, is that right? or is there any condition to it ?


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## EVHB (Feb 11, 2008)

You still have that same job with that same company (where you got your first H1b)?


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## h1bquery2013 (May 26, 2013)

*first h1b*

my first h1b is with Wipro, and yes still i am working with them in India.


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