Re-applying H1B Transfer with New Employer when Old Petition has been Refused

[vipinarora2009]

Dear Experts,

Current Situation :

- Employer A: Valid Visa with employer A till January 2018 [was working in USA on this visa from last 2 years with this employer]
- Employer B: Approved i797 form [Applied the transfer while in USA and received approval now during my stay in India]

Appearing for Interview @Consulate for Employer B Next week.

Question: If the Visa get denied/Refused during interview at Consulate next week with Employer B, Will i be still be eligible to file a H1B Transfer/petition with a new Employer 'C' under 'Cap Exempt'.
OR
My Cap exempt get nullified due to this refusal and need to do a fresh start with lottery?

Thanks. Your help is much appreciated.

[raghvi]

Dear Experts,

Current Situation :

- Employer A: Valid Visa with employer A till January 2018 [was working in USA on this visa from last 2 years with this employer]
- Employer B: Approved i797 form [Applied the transfer while in USA and received approval now during my stay in India]

Appearing for Interview @Consulate for Employer B Next week.

Question: If the Visa get denied/Refused during interview at Consulate next week with Employer B, Will i be still be eligible to file a H1B Transfer/petition with a new Employer 'C' under 'Cap Exempt'.
OR
My Cap exempt get nullified due to this refusal and need to do a fresh start with lottery?

Thanks. Your help is much appreciated.

Yes, you would still be cap exempt.

This is my opinion not legal advice.