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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28677
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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We had filed H1 for one of our employee in 2015 April for

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We had filed H1 for one of our employee in 2015 April for 2016 Quota, We have not heard anything from USCIS until Late March 2016 , so we filed another H1 for same employee with same company for 2017 quota. In June 2016 we got approval for 2016's quota H1 filed in April 2015. and In July we received RFE on 2017 quota H1.The question is should we respond to this RFE ? How will it work when the same company filed 2016 quota and 2017 quota for same Employee. 2016 quota H1 is approved and good till 2017 June.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

You cannot file multiple petitions for the same quota year.

You didn't.

Was the RFE about multiple petitions?


Customer: replied 7 months ago.
No it was same RFE that they sent for 2016 quota H1 which we responded to (it was about specialty occupation, right to control etc)

Then respond to the RFE by withdrawing and move forward with the 2016 approved petition.

It is a simple one liner. We hereby withdraw this petition.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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Customer: replied 7 months ago.
If I want to respond to 2017 H1 RFE to see if they give more time than 2017 June which they approved for , would that be good idea?

Never a good idea to gamble.

If they deny 2017 and same RFE as for 2016 they can go back and re-open 2016 and maybe revoke.

Take an approved petition and run.


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