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Is H1 denial cap exempt or not?

0 votes
Hi,

 

My brother had his H1B denied in Dec 2011. He wants to apply again, is he Cap-Exempt or does he have to wait till next year? please suggest.

 

Regards,

Suhasini
asked Jul 16, 2012 in H1B Visa by Suhasini (140 points)

1 Answer

0 votes

I don't think denied H1B petition can be used to file cap-exempt petition. To be eligible for cap-exempt filing, you need to have an approved H1B petition.

answered Jul 17, 2012 by Sujith (33,670 points)

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