H4 to H1 denial, Can re-file be a cap-exampted?


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My H4-H1 got denied. Applied in Apr-15 for 15-16 H1B quota.
Applied position : Web Developer
RFE reason : Why Bachelor degree required for this position.
Denied reason: USCIS doesn't agreed on response that Web Developer required Bachelor;s degree.

Employer's comment: Employer is saying, they will re-file the H1B under the same EAC151***** number, allotted after 2015 lottery. He says, this filing is CAP-EXAMPT.

Please Note : my employer has confirmed the same with lawyer and for re-filing, he doesn't mean Motion to Re-Open or Re-Consider. He mean a complete new filing with different role and title and client.

Is it really possible to file a complete new H1B that is CAP-EXAMPT?

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