Eligibility for H-1B new Not subjected to cap


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I am wondering if I will be subjected to H-1B new Not subjected to cap, because of my peculiar scenario.

These are the scenario details:

  • Through company (A) I was holding H1B and I was working for the Client (B)
  • In March’11 I had the H1B extension which got RFE asking for the Client Letter
  • Unfortunately in given time period company (A) was not able to get this letter from Client (B) which result the denial and I moved back to India in May’11
  • Now nearly after 4 months at this movement Company (A) is filing again under H-1B new Not subjected to cap

So in this situation, following are my queries

  • Is this doable, am I eligible to re-apply for “H-1B new Not subjected to cap” in this case? (Point to consider here is on H1B Visa earlier I had denial enforced by USCIS)

Please guide

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