Am I H1B cap exempt?


sonu@1010

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Hi,

Please find below a brief summary of my H1B Visa case:-

On 19th Oct 2016- I attended the visa interview for H1B. Next day I got below mail from US embassy stating that my client letter is missing, provide us with the same to process your Visa application

Then I submitted a generic client letter to US embassy. On 1st Dec 2016, I asked the status of my Visa application via email and below is the response I got from US Embassy:-

"Your application remains pending under Section 221(g) of the Immigration and Nationality Act for administrative processing."

From 20th Oct 2016 to 24th Jan 2017, the status of my Visa application on CEAC website remained as “Administrative Processing” only.
On 25th Jan 17, the status changed from “Administrative Processing” to “Refused” under Section 221(g) of the Immigration and Nationality act.
On 6th Feb 2017, I have got a mail regarding collection of my passport.

From 6th Feb to 10th May the status of my Visa application on CEAC website remained as “Refused” only.
On 10th May, the status on the website changed to “Intent to revoke notice was sent”.

On 19th June, my employer has submitted withdraw form to USCIS.

Can someone please answer my doubt mention below:-

1) Can the same employer file cap-exempt H1B based on this petition? If not the same employer then may be a different employer file cap exempted H1B using this petition.

Please let me know in case any other details are required from my side.

Thanks in advance
Satish

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