Is H1 denial cap exempt or not?

USA H1B Visa
1

Hi,

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.

Regards,

Suhasini

2

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.