Will H1B needs to be submitted as per regular Lottery process or can it be exempted as still 10 months are left for 6 year completion.

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I have worked in USA on H1B visa for 5 years 2 Months, and my H1B Transfer petition got denied due to non submission of employer to employer letter.

Am I eligible to apply for H1B if another employer sponsors me and will it be exempted from CAP/lottery?

And if it is possible can the employer start the I-140 process in premium? Any time duration required for this?

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  • 3 weeks later...

H1b is for 6 years duration, so you still do have 10 months left on your H1b, however it is not enough time to start an I-140 process which consists of series of three steps, (PWD, PERM + I-140) out of which two do not have premium processing.  This whole process will easily take two plus years, while you only have 10 months left.

I am not an expert, however I feel that since you are in India for the past 5 years, try to get into H1b lottery again, which will reset your H1b six year clock and give you enough time for the I-140 process too.  Good Luck.


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