H1B Premium processing RFE and then denied

Hi ,

My employer applied H1B Premium processing , i got selected thru lottery and my petition got an RFE raised . Seems USCIS was not satisfied with my employers response and they denied my petition approval . Can the experts in this forum let me what options are left for me now , I have few below questions as well

  1. Whether I can apply H1B for next year ( 2014) , if yes do I need to go thru lottery process again ?

  2. Can I reaply H1B with the existing petition itself ? if so is there any time frame required to wait and then apply ?

  3. Since my Lottery step is completed , can I apply with different employer ( if 1 & 2 above are fine)

Any guidance on my case would help me to plan better . Thanks in advance .


  1. Yes, it can be applied next year. If lottery happens, then you will be subject to it

  2. No. Your existing petition has been denied and cannot be used for any purpose

  3. A person is not subject to cap/lottery only if they have a previously approved petition. Your only petition was denied and not approved. So you are not in the cap and no different from someone who has never applied H-1 at all.

you can file an appeal . Talk to your lawyer.