Can we use old I797 to file cap exempt visa after another H1B rejection the next year

[Ram2929]

Hi All,
My employer 'X' filed a H1B visa for me in the year 2011 for which I got approval (I797) but got a denial when I attended the interview.

Another employer 'Y' filed another fresh H1B for me in the year 2012 which didn't get approved.(I didn't get I797).

I am getting married in next 2 months and my fiance holds a H1B visa and presently working in US.After marriage, I am planning to visit US on H4 visa.

I would like to know whether any employer can file a cap exempt visa for me using my OLD H1B approval from the year 2011 after I visit US on H4 visa? Will my I797 of 2011 will be still valid even I got my other H1B visa got rejected the next year(2012)?


Please let me know if am not clear.Thanks in advance.

[Ram2929]

Can someone please answer my query?

[kabkaba]

Yes, they can file a cap-exempt petition for you.