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


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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.

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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!

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