H1B Denial- Can new employer file cap exempt H1 with premium processing?


#1

My H1B extension was denied in September and went back to India got H4 Visa and came back to US in November. I have applied for H4 EAD in November and I understand the wait is about 5 months.If I get an offer from another employer is it possible for the employer to file H1 Transfer as a cap exempt petition and is premium processing possible for this H1 petition right now given premium processing is suspended currently until Feb 2019?H1B filed in premium would be a quicker option for me to get back to work instead of waiting for H4 EAD.I have utilized only 2 years of my H1B period in US.


#2

Yes, you can file as cap exempt, but may not be premium processing. Yes, Premium Processing Suspended till Feb 2019 . Maybe H1B is quicker, if you get premium in February…but H4 gives you more options to work…it is up to your discretion.