H4 to H1 - Change of status denied. Advise needed

[khyndavi]

Hi,

Need suggestions on how to proceed with my case. I am currently on H4 visa. My H1B petition (H4 to H1 - Change of status) was picked in lottery in 2017 and subsequently got 2 RFEs in Oct'17 and Feb'18 which were answered by my employer. My case was denied yesterday and reasons are yet to know. What are the chances of approval if I go for motion to reconsider and Will I get cap-exempt processing done via a different employer as I was through the lottery process already with the previous employer?

Please advise. Thanks!

[JoeF]

It would only be cap-exempt if the H1 is approved and you start working for the H1 employer. You are not counted for the cap if an H1 is just picked or denied.

And you can't go for MTR, only the employer can. Most MTRs are a waste of time and money, but it depends on the reason for the denial.

[khyndavi]

Thanks for clarifying JoeF.  It is extremely disappointing to wait for such a long period and finally get this result but I don't see any option left for me right now.