H1B Visa Refused-Can I eligible for cap exempt?

USA H1B Visa
1

Hello,

I attended H1B Visa interview in December and it got refused due to employer dosen’t have enough employee count(They have less that 10).And after 1 week have recieved OF-194 letterr from Hyderabad consulate stating my visa has been refused and sent back to USCIS.

Now my case status has changed in USCIS portal with petetion was recieved from state consulate and reviewing to update further will contact.

Questions:-

  1. Can I eligible for Cap-Exempt to file new petetion with new employer?

  2. Will it be any time frame to complete the process to file new H1B petetion in Cap-Exempt?

  3. If petetion got approved ,Do I need to wait till October for stamping?

  4. New Approved(I-797) will be updated period years from 2015 -2018 or old(2014 -2017)?

  5. What are all the documents required for new filing process?

Thank You

2

Your question is not complete.

You got the visa approved and tried to get it stamped in the local consulate where the above situation occured. If this is the correct understanding, read my answers below.

Questions:-

  1. Can I eligible for Cap-Exempt to file new petetion with new employer?

Yes.

  1. Will it be any time frame to complete the process to file new H1B petetion in Cap-Exempt?

You dont need to wait to file a new cap-exempt petition with a new employer.

  1. If petetion got approved ,Do I need to wait till October for stamping?

No

  1. New Approved(I-797) will be updated period years from 2015 -2018 or old(2014 -2017)?

New

  1. What are all the documents required for new filing process?

Search google.com

But sending BACK to USCIS doesnt mean that your existing petition is dead. The consulate always request to revoke the approval to DOS(USCIS). But most of the times USCIS would reaffirm(means revalidate and suggest consulate to approve the visa issuance). But it may take as long as Year or more.

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