H1B Cap exempt

[sjkaur512]

I was in USA for 9 months on H1B in 2012 (my petition was approved in 2011). That time there was no lottery system because cap was not getting full. I came again in 2013 on student visa and now my employer is willing to apply for H1 again. My question is do I need to wait for lottery? if not how long it takes to apply for H1 in my case and what will be the start date of that visa?

[raghvi]

I was in USA for 9 months on H1B in 2012 (my petition was approved in 2011). That time there was no lottery system because cap was not getting full. I came again in 2013 on student visa and now my employer is willing to apply for H1 again. My question is do I need to wait for lottery? if not how long it takes to apply for H1 in my case and what will be the start date of that visa?

You need not be part of lottery. Your employer can file a cap exempt petition and request for immediate start date. If applied in premium LCA+Petition can be done within a Month.

This is my opinion not legal advice.