H1B sent back to USCIS. New H1B subject to cap??

[sg1010]

Hi,

I went for my H1B interview during Sept 2nd week at HYD consulate. I work in a EVC model and few days later I got an mail that my petition has been sent back to USCIS for review. No update since then.

In the interim, I have been working remotely and from the offshore location. The question is if I'm able to have a different petitioner/end client file a new H1B petition while the other one is being reviewed by USCIS, would my new petition be subject to the H1B cap/quota?

Thanks for your help.