Reapplying H-1b after the Cap is full after 1 Rejection in 2011

[sagarpatel_07]

Hello,

I really appreciate this forum, thanks so much for your invaluable inputs for all questions.

Here's my situation:

I'm currently on OPT Ext.(F1 Visa), which is expiring in OCt 2012, and I applied my H-1B through my employer in EVC model in Sept but unfortunately it was rejected due to lack of documents. But now my employer is ready to apply my Visa again in In House project, but as the Cap for 2012 H1b has reached, I wanted to know, can my Employer apply on the previous EAC or do I have to wait for April 2012 to process my H1b?

Any help will be appreciated.

Thanks,

Sagar

[JoeF]

If the previous application was not approved, the employer can only file a new H1 in April 2012, with a start date of Oct. 1, 2012.

[sagarpatel_07]

If the previous application was not approved, the employer can only file a new H1 in April 2012, with a start date of Oct. 1, 2012.

Thank you sir for clarification.