Visa Rejected in 2012. Can comes under CAP exempt?

[IAMKISHORE]

Hi,

I applied H1B in last year and got approval for 1 year (1-OCT-2012 to 30-Sep-2013). I attended VISA in Hyderabad in Sep 2012 and got 221g (My I797 was taken by VISA officer). Later in Jan I submitted documents but got rejection letter saying "Petition returned to USCIS" as my petitioner didn't provided the proper documents [project is different from LCA company project].

Now, my petitioner is saying that even my Petition returned to USCIS, I can use my I797 copy and apply through another company within 6 years and saying it is under CAP exemption. He is saying I don't need to apply for April quota again.

Is this true?

[pontevecchio]

It may be true under certain specific conditions. You need to maybe ask the firm of Murthy about your specific situation.