H1B denied, Cap Count over, OPT about to expire?

[Niveditha]

Hi all,

Last week, I applied for H1B in Regular Processing (2013 cap count). My OPT expires in Nov'2012. If incase, my H1B gets denied and cap count is over, then what are the options I have?

1) Can I apply for H1B again before my OPT expires (if Cap count is already over)?

2) Does Cap Count applies, if I apply for H1B again before OPT expiry?

Please clarify.

[JoeF]

Why do you think the H1 could be denied? Is it from a consulting company?

How about minimizing the denial risk, by finding a fulltime employer?

[wiweq]

1) Can I apply for H1B again before my OPT expires (if Cap count is already over)?

=> If cap count over, you need to wait for next years H1b

2) Does Cap Count applies, if I apply for H1B again before OPT expiry?

=> You would be counted once towards H1b caps, i.e. approved one.