Can I apply in cap exempt category if my earlier I-129 was denied?


An employer had filed a H1 for me earlier in 2011 and the I-129 was denied giving the reason:

On March 19, 2012, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACxxxxxxx. We mailed you a decision notice that explains why we denied your case and your options.

Am I eligible to apply now under cap exempt category? If so till when do i have the time?(The I-797 received date is August 29, 2011)

As the petition was denied and never approved, you are not eligible for cap-exempt petition.