Eligibility for H-1B new Not subjected to cap

[NeedGuidanceOnH1B]

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

[sivad]

since your extension was denied you can apply for extension again with valid documents....there is no question of cap in your case... The cap is considered only for those who never had a H1b in the past 6 years... in case of you had a H1b...