H-1B denied, employer says refile is not an option

My initial CAP-subject H1-B (filed in Apr 2020) was denied by USCIS 'coz my employer’s attorney filed it in the wrong category (Masters instead of Bachelor’s). I read about refiling the case here - Appeal H1B Denial, Refile or Court Case? Stay in US while MTR pending? - USA. From what I understood, the case can be refiled right away so I asked the attorney if they can refile my case, they say refile is not an option. Did you mean refiling in 2021? Or is refiling option not available in my case? Thanks in advance!

Appealing is not the same as refiling.

Appealing the decision is requesting USCIS to have a look at the case again.

The H1B lottery refiling can be done only in next year’s new quota.

Got it … thank you!

Hi Anil,

My employer has filed ‘Motion to Re-open’ for the denied H-1B.What is the expected processing time for MTR? What is the approval rate?

I was furloughed 'coz my H-4 EAD expired. Is it ok to be furloughed or should I be terminated to avoid any future problems?

Thank You

H4 EAD is an open work permit. It has no issues with furlough.