Am I applicable for cap exemption as I have approved h1b petition?


I am a bachelor in physical therapy in India graduated in 2010.

I went to USA IN 2011 on valid F1 visa for MS. Graduated in 2103, worked as physical therapist on OPT till April 2014, then on OPT extension till August 2015. Enrolled in doctor in physical therapy F1 after august 2015 and working on CPT since then.

Applied for h1b in April 2016 from the same employer I have been working with since April 2014. Got RFE in September 2016, documents submitted on time. Decision arrived in December 2016. H1b approved but change of status denied due to lack of evidence on academic side. My employer and lawyer suggested that getting visa stamping immediately was the best route.

Arrived India on January 12, 2017. Visa interview on January 20, 2017. Recieved 221g on employee employer relationship. In process of submitting required documents. I am not so sure of positive results.

My question

  1. am I applicable for CAP exempt if another employer will be ready to file h1b transfer?

  2. is it advisable to file h1b transfer right after visa consulate sends my case back to USCIS for reaffirming or possible revocation?

I am stuck in India for now, looking for ways to get back to US.