H1b Denied, Can I apply for new H1b through another employer within same month?

[sharmmad]

Hi,

 

I am planning to switch from L1b to H1. 

 

Wanted to know in case my H1 gets denied, can I apply for new H1b through another employer within same month?

 

Thanks in advance for your guidance and time!!!

[JoeF]

The H1 quota is full. An H1 can only be filed when the quota is open, unless it is a cap-exempt case.

[Attorney_10]

Generally, to request a change of status (i.e. from L1 to H1B) the beneficiary must be maintaining valid status at the time of the request. If the beneficiary is no longer in status, the new H1B petition must be filed for consular notificaiton. The beneficiary would need to travel abroad and apply for an H1B visa once the H1B petition is approved by USCIS and then return to the U.S. with the visa and H1B approval. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case.