Will H1B petition denial comes under cap exempt ?

[havquery]

Hi,

My employer has filed H1B for me in 2013. The application got selected in lottery and petition was denied after RFE.
Now I'd like to understand whether I'd be part of 2013 quota exempt as my application got already selected in lottery?
Or, should a fresh application needs to be submitted in next years quota if my employer again wants to apply for H1B?

Thanks,

[raghvi]

Hi,

My employer has filed H1B for me in 2013. The application got selected in lottery and petition was denied after RFE.
Now I'd like to understand whether I'd be part of 2013 quota exempt as my application got already selected in lottery?
Or, should a fresh application needs to be submitted in next years quota if my employer again wants to apply for H1B?

Thanks,

Technically the petition was not approved as such so may be not. Advisable to check with an attorney.

This is my opinion not legal advice.

[havquery]

Thank you very much for your reply.

[Ashwin502]

I dont think you fall under cap exempt, only if you had previously been granted status on H1, then you will be eligible for cap exempt i.e. if you had an approved petition.

This is my opinion not legal advice.