Legal Question in Immigration Law in District of Columbia

Re: does this falls under h1b quotagm

Dear Inquirer:

Filing a second petition under premium processing for the same position with the same employer that was already denied will most probably also result in a denial. The visa petition wil not be counted against the quota unless you are eligible for the full 6 years of H-1B status presently; and it appears that you are not since you state that you are seeking an extension.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: does this falls under h1b quotagm

The new H-1B filing will be subject to the cap, assuming that your first H-1B was cap-subject. I would suggest filing a Motion to Reopen (MTR) as well as the new H-1B. CIS will see that you were originally denied and might question why your employer is not filing an MTR to challenge the original denial.