H1B Petition from Cap-Exempt to Cap Subject Filed incorrectly

[nikhilsgh]

I have never been counter on lottery before and I work for university and still am working with university, I found a job and they filed a new petition for me. I specifically told there lawyer please file this as new petition with start date Oct 1 and it should be counter toward cap. I got a H1b receipt notice and then I asked the lawyer to show me I129 petition which he sent. Here is the problem this guy marked my petition as CAP-Exempt in Numerical limitation section, while he was suppose to file it as US master. He filed the petition in first week of April and now he is saying it has been counted, but on receipt I can clearly see notice date is a day before lottery is done this year. Now I have following Questions.
1. What will happen to my petition.
2. Will rejection of new petition will affect my university Job.
3. Is there any chance that USCIS will approve it, which I think is not.
4. Should I ask them to withdraw my petition (which this guy will not do as he is convinced he can fix it)
5. Is there any chance that UCSIS will put you though lottery even if in numerical limitation section it say it is cap exempt.
6. Will denial of H1B petition affect me in future.

[raghvi]

I have never been counter on lottery before and I work for university and still am working with university, I found a job and they filed a new petition for me. I specifically told there lawyer please file this as new petition with start date Oct 1 and it should be counter toward cap. I got a H1b receipt notice and then I asked the lawyer to show me I129 petition which he sent. Here is the problem this guy marked my petition as CAP-Exempt in Numerical limitation section, while he was suppose to file it as US master. He filed the petition in first week of April and now he is saying it has been counted, but on receipt I can clearly see notice date is a day before lottery is done this year. Now I have following Questions.
1. What will happen to my petition.
2. Will rejection of new petition will affect my university Job.
3. Is there any chance that USCIS will approve it, which I think is not.
4. Should I ask them to withdraw my petition (which this guy will not do as he is convinced he can fix it)
5. Is there any chance that UCSIS will put you though lottery even if in numerical limitation section it say it is cap exempt.
6. Will denial of H1B petition affect me in future.

1. Most likely will result in an RFE.
2. Dont think so. Worst case you would have missed a chance to be part of this year's lottery.
3. I doubt.
4. Ask them to fix it, I doubt they can.
5. Doubt it.
6. No.

This is my opinion not legal advice.