Can I apply cap exempt quota H1B visa


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I have applied H1-B visa in 2014 and Petition was approved but in stamping they have given me 221g and after couple of months they sent the visa rejection email with the clauses as below.

9FAM 42.43.N2.2(3)



Your case is administratively closed at the consular section.Consular officers apply a reasonable person standard: when evaluating the bonfides visa application (9 FAM 42.43 N2.2(3)). THa basis of the return of a petition for revocation.

Therefore, Pursurant to 9 FAM41.53 N2-3, the reviewing officer has decided that the petition should be returned to the USCIS with the recommendation that it be revoked.

If the USCIS revokes the petition the beneficiary may become ineligible for a visa under immigration and nationality act section 212(a)(6)©(i) (or other appropriate section )


My question is:


My current employer is ready to file H1B visa under Cap Exempt quota, Can that possible to file? Heard that the clause (9FAM 42.43.N2.2(3), 212(a)(6)©(i)) which was rejected for my H1 is bit complicated and Visa cant approve if you apply again. Is  that true ?




Thank you,



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  • 1 month later...



Still it is showing as 



Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks.

Please follow any instructions provided by the Consular Officer at the time of your interview. If further information is needed,

you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days.

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