COS from L1B to H1B rejected. Can I reapply as cap-exempt COS?

[4visaquestions]

Hi,

I am on L1B visa and filed a COS from L1B to H1B under premium processingn in Nov 2011 under the 2012 quota. After I filed, the quota got full. I got an RFE and the consulting company whom I applied my H1B responded to the RFE , but USCIS made a Denial Decision on my case. The consulting company is telling me that Once I am in quota I can apply under cap expempt-COS. Can I re-apply for COS from L1B to H1B through another company now even when the quota is full?Please reply asap.

[JoeF]

The H1 application was not approved, so it was not counted for the quota.

A new H1 petition can only be filed from April 1 on for a start date of Oct. 1.

[4visaquestions]

Thanks for your reply. The consulting company through whom I applied for my COS from L1 to H1 is telling me that I can still apply again this year . As per them, I applied under the quota so I am counted in the quota and hence can reapply....I believe this is incorrect....Is it enough to apply once under quota to be eligible for being cap-exempt for re-application or do you actually need an approved H1 visa for being cap-exempt for re-application??Please guide!

[pontevecchio]

They meant you can have them apply again after April,1.