Cap Exempt Petition got denied! What is NEXT!

USA H1B Visa
#1

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.

#2

None

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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