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.

[BhramaraUSA]

Hi, 

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?

[Zodiac System]

When does your I-94 with current employer expire?  Are you currently still working for your current employer?  If not, then you will have to leave US on your transfer denial.  Better to consult an immigration attorney immediately.  Good Luck.

 

[BhramaraUSA]

I have moved to my home country after the denial and its been almost 5 years. I have joined another employer now. 

Can my new employer file for H1B and I will be CAP exempt right? And if it is possible can the employer start the I-140 process in premium after H1B is picked? Any time duration required for this?

[Zodiac System]

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.