Cap Exempt if the H-1B application was selected by denied?

[Jane5]

Dear Community:

If an H-1B application was selected in a previous year in the cap subject lottery, but the application was later on denied after an RFE, can the beneficiary apply again using the cap exemption on the I-129?

Thank you in advance.

[JoeF]

That means you have not been counted in the quota. The quota is about approved H1s.

An employer can file a new H1 in the quota only.