Legal Question in Immigration Law in Nebraska

Re: h1B WAS DENIED

When it was denied? How long have you been "out of status"? Are you still working for your first H-1B employer? Were you actually on H-1B status before this employer filed the H-1B petition?

You have to provide a lot of details.

If you are out of status and had been in H1B status before the denial, your new H-1B, even if approved, cannot be approved for transfer, but possibly for consular processing only (with you going abroad to your home country to apply).

Please don't consider this a legal advice. If you require a further assistance or advice, you can contact my law office at Attorney [@] law-visa-usa.com

Re: h1B WAS DENIED

There is nothing from the question to indicate that the second company is prevented in any way from applying for you because the first company failed to follow through on the RFE re its application.

As the previous answer indicated, you must be in status to take advantage of an H1-B from within the US, but there is nothing in the question to indicate you are out of status, so I find it premature to address such an issue.

Good luck.

Messing Law Offices website: http://www.messinglawoffices.com