re file h1b in the same year 2012

hi! I have a US masters and right now in OPT till december, my program dont have stem extension, its related to marketing research/statistics. My visa is rejected, my company is wil ing to fill it again next week and my lawyer says even when quota is full, we can refile it, as i m already in cap gap. Can anyone confirm this?

They can not file when quota is done. They can only appeal.

Your lawyer would have meant to appeal your visa denial.