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If my petition gets denied, will I be able to still continue under the CAP?

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asked Dec 28, 2013 in H-1B by Adarsha B

A US employer has filed H1b for a friend and petition selected in lottery and they need RFE. Employer is going to send the documents soon. If the petition gets denied, then can same or different employer apply for a new h1b visa petiton? Will they be cap exempt?

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1 Answer

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answered Dec 28, 2013 by Jeff

If the case is not approved, it is not counted in the quota.

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If my petition gets denied, will I be able to still continue under the CAP?

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