Petetion has been Declined, what's the other options to proceed..?

USA H1B Visa
1

Hello All,

Below is my Case and need your help/advice

Mine working for MNC in India, applied H1 through an employer in US.

  1. Application selected in lottery on 10/Apr
  2. Went to RFE on 03/Jun (RFE for Employer)
  3. RFE has been responded on 29/Aug (Not sure what employer has responded)
  4. Denied on 29/Sep

Now I would like to know what are the options left for me

  1. Is my case exempted from CAP ? If yes,for how many years my case will be valid ?
  2. Is it possible for me to apply through another employer by filing new petetion right away ?

At the moment, I’m not sure for what reason the Petetion has been ‘Declined’. I knew that i have an option to either go for Appeal or MTR. But would like to check for filing new petetion through another employer (ofcourse good one this time).

Any help would be greatly appreciated.

Thanks,
Naveen Kumar

2

Sorry to hear this . You have a choice of MTR ( motion to reconsider). It depends on the company whether to file for that and it takes 6 months plus at times.

  1. Is my case exempted from CAP ? If yes,for how many years my case will be valid ?

If your case has not been approved even once then it wont be CAP exempt - AFAIK

  1. Is it possible for me to apply through another employer by filing new petetion right away ?

If first time I do not think you can apply again ( as you are still not cap exempt) this year.

I am not legal counsel - to confirm check with lawyer although i am 80% sure.