Am I eligible for CAP Exempt with approved 797, not stamped and petition sent back to USCIS for review

USA H1B Visa
1

Hi,

I have approved 797 valid till 2018. But stamping was not done and my petition sent back USCIS by the consulate officer for the further review. But USCIS not yet took any action.

Am I eligible for CAP Exempt?

Thanks

2

Yes you are cap exempt. But since it was sent back to USCIS, most probably you will receive RFE for the cap exempt petition. Do you know why it was sent back ?

3

yes… one of the person who went for stamping with same company has given feedback like they are charging money for stamping. So they sent back all the petitions after that incident.