Denied H1B - is it cap exempt for new future H1B petitions?

[karthik.raja2k11@gmail.com]

Hi,

Fresh H1B was filed in 2011 under regular quota under Change of Status (COS) from H4 to H1. The petition was rejected / denied in April 2012 due to travel outside of US when the petition was pending.

Can I reuse the cap counted denied H1B petition (quota) and apply a new H1B petition in 2013? Kindly advise.

Thanks in Advance

[wiweq]

You need to do some more investigation. Travelling outside of USA will cannel the COS, not the H1b approval. Check with the employer if the H1b was approved or not.

If the case your H1b was not approved, you are not cap exempted.

[rahul412]

Can I reuse the cap counted denied H1B petition (quota) and apply a new H1B petition in 2013? Kindly advise.

You need to have at-least one approved H1 petition for cap exempt. In your case, your H1 which is the first petition is rejected so your next petition is not cap exempt.

[karthik.raja2k11@gmail.com]

Hi everyone,

Thanks for your replies, appreciated !