H1B Maxed out and PERM denied. What are my options?

[satzindia]

My H1B maxed out in December 2020 during which my PERM was pending. I moved back to India expecting perm to be approved but unfortunately my perm got denied. What are my options now?

1. Applying PERM with different employer as my employer seems to be not interested to expense PERM again.
2. Appeal perm denial again?
3. Am I eligible to apply for fresh H1b for FY 2022 for which the registrations are open by March 9th 2021.

Any other possible solutions?

[rkk09]

Hi,
If your six year completed and you dont have I-140 Approval then you will need wait for one year abroad to get back into H1B CAP lottery..
Thanks

[satzindia]

Hi,
If your six year completed and you dont have I-140 Approval then you will need wait for one year abroad to get back into H1B CAP lottery..
Thanks

Thanks Mate, does it mean i cannot enter into FY2021-22 lottery pool which is going to open next month?

Or i can register but cannot travel until 2022?

[rkk09]

Hi,
you will need to completely be Abroad for one year then only you will be eligible for H1B CAP.. Please calculate accordingly.. I hope not in this year.
Thanks

[Doud458]

My H1B maxed out in December 2020 during which my PERM was pending. FaceTime PC I moved back to India expecting perm to be approved but unfortunately my perm got denied. What are my options now?

1. Applying PERM with different employer as my employer seems to be not interested to expense PERM again.
2. Appeal perm denial again?
3. Am I eligible to apply for fresh H1b for FY 2022 for which the registrations are open by March 9th 2021.

Any other possible solutions?

Your earliest start date would be December, 2021. So you cannot file in April, 2021, which is over six months before your start date.