On H4 , can I file for a new H1B petition now?

[h1denied_h4]

Well wishers,

Here is my situation -

I held an initial H1B term until July 2011 from Employer A and an extension was approved by USCIS from July 2011 - July 2014. Went to H1B stamping in India(for H1B extension stamping) in May and got denied. Consulate sent the application back to USCIS for NOIR (Notice of Intent to Revoke) and it's pending. Spoke to my employer who said there is no point in contesting it as it might be at least 6 months before a decision is made.

Hence, I cam back to US on H4 in Sep. H1B quota filled up in last week of November.

My question is -

1. If I need to apply H1B with another employer, will I come under quota?

2. If NO, Can I apply for H1B with new employer if I have a job offer anytime from now?

Please provide your inputs.

[h1denied_h4]

Can someone please tell me what my options are?

Thank You

[pontevecchio]

1. No

2. Yes

[karanmokati]

Since you were already cap subjected once, you will not be cap subjected again. As such, your employer should be able to file your H1 and you should be able to start working once you have an approved visa.

[h1denied_h4]

1. No

2. Yes

Thank You Pontevecchio!

[h1denied_h4]

Since you were already cap subjected once, you will not be cap subjected again. As such, your employer should be able to file your H1 and you should be able to start working once you have an approved visa.

Thank you!