H1B Visa rejected due to employer documents

Question

Hi, A consulting company sponsored my H1B application and filed for me. It got picked up in the lottery in the year 2017. I got the receipt notice from my employer and i was waiting for the petition paper mean while checking the application status regularly in USCIS website. Around Aug 2017 i have noticed that my application was in RFE. I kept following my employer about the reply. But i got to know that RFE is taken care by the company and the details can't be shared and confidential. I was keep following and check the status regularly, but to my bad the petition got rejected on Dec 1st week. I got the denial notice after 30 days where there is no room to file the appeal with different employer. I heard from one of friend that an employer can file for me again without going through lottery process saying i am eligible for Cap Exempt, because i got picked up in the 2017 lottery. Please help me to understand what are the options available for me to proceed. I am currently in USA in H4 visa.

Thanks Again,

Baskaran

Answer 1

If the H1B is denied, you are no longer Cap-Exempt. If the H1B is picked in the lottery and later denied, you will not be eligible to get another H1B under cap-exemption. You must have a new H1B Sponsored during the H1B cap Season. Alternatively, your employer may appeal the denial with the USCIS.