Hi,

I am on H4 via since entered into USA. However I applied for H1B in 2007 through employer-A. But my H1B denied as employer-A has not responded for an RFE.

Technically I was NEVER under H1B status. I am always under H4 visa.

Now we found an employer B who can file my H1. My question are:

1)As I was previously filed for H1 through employer A, Does USCIS consider me “already counted against H1B cap once in last 6 years”?

2) Is my H1B petition through employer B would be subject to H1B Cap?

3) If I exempted from H1B cap, what proofs do I need to submit while I am applying for H1 through employer B? (I only have H1b receipt notice from employer-A)

Thanks
Lalitha