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


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.


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.