H1B Cap Exempt for Re-filing

[Anon1]

Hi,

I need some help in understanding the Cap exempt for previous H1B holders. My cousin's H1B renewal was denied when he went for stamping in 2010. He did not re-apply for a new H1B after that. If he were to apply for this year's quota, will he be in Cap Exempt. He does not have a master's degree though. Any help is sincerely appreciated. Let me know if more information is needed.

Thanks.

[Hema Reddy]

No. He will not be cap exempt as his last H1 status was more than 6 years. He should go through lottary process.

[Anon1]

Thank you Hema for the clarification.

Not many consultancies are coming forward to file H1B without a project confirmation.

And with new filing, you cannot get a client who agrees to hire someone for a project whose H1B starts from Sept of this year.

Does H1B filing through the lottery process require a client letter or project confirmation documents for the employer.