If I use a 2010 approved H-1B petition(which was not used), to claim H-1B cap exemption now(as I was counted in the cap once when my 2010 H-1B petition was approved) for a new private employer who is cap subject, will USCIS refund the filing fees(I-129 filing fee, fraud detection fee and ACWIA fee), if they reject the claim that I am cap exempt?
I understand for H-1B petitions which are not selected in the lottery, USCIS refunds the filing fees.Thanks to all attorneys who responded. 1. In that case, can asking USCIS if I am cap exempt or not an option? Will USCIS respond to emails, postal letters or phone calls for such a question? 2. Or, can sending a request to USCIS Freedom of Information Act(FOIA) office to know if I am cap exempt or not, another option? I hear generally the FOIA request takes 6-9 months, if not more. Thanks