Legal Question in Immigration Law in New Jersey

H1-B -- motion to reopen with another employer?

My H1 get denied under my OPT status (my be because of insufficient documents), I have an option to reopen the case, Is there a chance to reopen with another employer.


Asked on 9/24/08, 1:01 pm

2 Answers from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

Re: H1-B -- motion to reopen with another employer?

It depends on whether you were subject to the H-1B cap or not. You may be eligible to file a different and new H-1B with the new employer. An attorney will have to review the initial submission and denial in order to determine your eligiblity and the best next step for you.

Please feel free to contact my office directly if you wish to discuss the case in additional detail.

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Answered on 9/24/08, 1:04 pm
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: H1-B -- motion to reopen with another employer?

From these facts. No. You cannot reopen a case for one H-1 and apply it to another H-1. Honestly, this seems that it can get complicated because you could potentially fall out of status if your OPT expires and you do not have status after expiration. Feel free to give me a call and we can set up a consultation. Regardless of who you work with you should definitely speak to an immigration attorney.

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Answered on 9/24/08, 1:36 pm


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