H4 to H1 denied. Reapply in same quota cap of 2012

[ext01]

Hi.,

I applied for H4 to H1 transfer through a employer in Nov'2011 and it got denied in Mar'12. Now my employer says that he can reapply for new H1 using the same FY2012 quota as I have already been counted once under last year quota. Now since quota cap is over I would like to know if my employer would be able to reapply new H1 using the same quota instead of MTR as it was denied or do I need to apply in April in the FY2013 quota cap for which I need to wait until Oct'2012. Please clarify as I am not sure if the employer is right??

Thanks in advance.

[shervin143]

Unless the petition is approved, you are not counted against the CAP. You will have to wait until April 1st to apply under the 2013 CAP with an H1B effective date of Oct 1st or later.

[ext01]

Thanks for all your reponses and time.