H1B 2011 Am I eligible for H1 CAP Exempt


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My H1B petition was on 03-Nov-2011 when I was in US on B1. Attorney received Receipt No.

USCIS raised a RFE and employer could not respond on time. 
I returned back to India on Jan 03 2012 before my I-94 on B1 expired. 
On February 13, 2012, USCIS denied my Form I-129, Petition for a Nonimmigrant Worker.

Am I now eligible for H1 CAP Exempt ?

Can I ask same employer or different employer to apply for it.?


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