Doubt about H1 rejection

[vipu]

Hi Everyone,

My employer has applied for my H1 visa on April 2nd (till now I was on H4). I am worried that my visa may get rejected. I have a doubt regarding this - Lets say I receive my receipt number and later my visa gets rejected due to improper client letter or some other reason, then will my application be cap counted (i.e can my employer re-apply with proper documents after 65k cap is exhausted using the same receipt num. ) or will I have to wait till next April to apply for H1.

Thanks for your time and response.

[kabkaba]

No, only if petition is approved then you are considered cap-counted. Of course if cap is open at the time of denial, your employer can file again otherwise you will have to wait until next year.