You would have to wait to file a petition for next year’s H-1B quota. The only way you would be eligible for an immediate H-1B is if you were granted an H-1B in the past.
If an employer files a PERM case less than 365 days before the 6th yr H1B expires and once the labor is approved, the I-140 was premium processed, does the beneficiary still need to recapture time in order to be eligible for an H1B 7th year extension? Until the I-140 is approved, there is no [...]
Yes, a rejection based on §212(g) is technically a refusal.
You could certainly file to exhaust your initial 6-year period. You will not be subject to the CAP. Alternatively, you could seek to qualify for the H-1B CAP beginning October 1st (fresh six year period). You could apply for a visitor’s visa independently.
You are not subject to the CAP. However, time spent in the US will be deducted from the overall time allowed in H status.
When seeking to write an invitation letter for visitors, it is important to document the ability to support the visitor. Current employment should be documented by means of a letter. An Affidavit showing your ability and willingness to support the visitors during their stay would be required. Please also have the visitor clearly document ties [...]
You should use the ‘successor company’s name’ on the DS Form. Please also ask your employer to provide you with documentation to show the new company is a true ‘successor in interest’.
The I-485 portion based on AC21 would look at the occupational description as entered on the Labor Certification and not the current H-1B to decide whether the new position is in the same or similar occupational classification. Be guided by your LC/I-140 when making the decision to switch.
The Application is for a position and belongs to the Employer. You derive no benefit from it.