Cap Exempt Petition got denied! What is NEXT!

Hi Team,

I got selected in H1B lottery in 2016. Unfortunately I couldn’t travel and it was not stamped.

Recently my employer filed a cap exempt petition and I got RFE. After RFE filing we converted it to Premium in March 2019. But USCIS denied the petition. I am yet to get the denial reason from my employer.

My question is what all are the option I am left out with?

  • Is there any cool down period before applying another petition?
  • Can I use the same LCA again or need to get new LCA

Your reply is highly appreciated.


LCA is given for the Employer. Same employer can use it if its still valid but another employer needs to obtain a fresh LCA.
BTW, getting an LCA is pretty quick, straight forward and online.

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