After H-1B stamping rejection,Will next H1-B petition go onto Yearly Lottery System ?

[mehndiratta.a]

I am going for H1-B stamping to India consulate next week and my client is not providing client letter,
I also have valid L2 visa(Valid till Nov 2015) stamped on my passport.
In case if my H1-B stamping is rejected I am planning to re-enter on my L2 visa in US.

Now my question is after re-entering US if I re-apply for H-1 B VISA this year, will my application again go onto yearly lottery system ?
Or as I was selected in last year’s H-1 VISA lottery am I exempted from lottery system ?

[mehndiratta.a]

Here is response from my attorney

I am going for H1-B stamping to India consulate next week and my client is not providing client letter,
I also have valid L2 visa(Valid till Nov 2015) stamped on my passport.
In case if my H1-B stamping is rejected I am planning to re-enter on my L2 visa in US.

Now my question is after re-entering US if I re-apply for H-1 B VISA this year, will my application again go onto yearly lottery system ?
Or as I was selected in last year’s H-1 VISA lottery am I exempted from lottery system ?

In case anyone has same situation i took appointment from my immigration attorney and below is her response..
My Attorney Replied:- If your status was changed in the U.S. to H-1B and you worked in H-1B status, then you will not be counted in this year's lottery. A prospective new employer could file an H-1B petition for you any time.
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If a legitimate, no fraud I-129 was approved with you as a beneficiary as CAP subject petition within last 6 years, you are CAP exempt.

[raghvi]

That is right. But do understand that even if you come back on L2 and then apply a L2 to h1 COS while in US , USCIS will most probably still ask for client letter. You should take it up with your employer as to why they cannot get you a client letter.

This is my opinion not legal advice.