My H1B petition was selected in the lottery, but got denied. Could I file through a different employer now as cap-exempt?

Answer

One is not considered to be counted against the H1B cap until the “cap” H1B petition is actually approved. One in this scenario normally would need to refile under next year’s lottery. (19.Nov.2018)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

 

Copyright © 2018, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.