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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.



asked in H1B Visa by (140 points)

1 Answer

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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 by (33.7k points)

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