H1B Transfer without approval notice.

[chandrakeerthi_hc]

Hi,
I had my I-129 Petition approved on Sep 9 2008. I did not use this approval, ie. I did not stamp the visa and work for the employer and stayed back in India. Also I did not to get a copy of the approval notice from the employer and the employer does not exist as off today (probably went bankrupt). As Per USCIS website, my I-129 petition status is still 'approved'.
I have following questions

1. Can a new employer use just the approved receipt number of original petition to file new I-129 petition, ie. without an I-797 approval notice?
2. Per my knowledge, I am cap exempt till Sep 8, 2014. Can a new employer submit I-129 petition under 'cap exemption' without having I-797?
3. Is it possible that my approval is revoked ( by either employer or USCIS because of no-status)? In that case, how do I confirm the same?

Your answers will be very much appreciated.
Thanks & Regards.

[Nattybone]

Hello, Chandrakeerthi.

I personally feel you are good with this visa. If you have another employer, he could using the old petition number, file for your H1B. The reason i say this is, while you do not have the stamping, your visa was still picked in the draw. Which means you were counted in the H1B draw for 2008. I personally feel you are cap-exempt.

I am not a professional, you could engage an Immigration Lawyer and they can help you best.

I hope this helps. Wishing you luck.

Cheers,

Hi,
I had my I-129 Petition approved on Sep 9 2008. I did not use this approval, ie. I did not stamp the visa and work for the employer and stayed back in India. Also I did not to get a copy of the approval notice from the employer and the employer does not exist as off today (probably went bankrupt). As Per USCIS website, my I-129 petition status is still 'approved'.
I have following questions

1. Can a new employer use just the approved receipt number of original petition to file new I-129 petition, ie. without an I-797 approval notice?
2. Per my knowledge, I am cap exempt till Sep 8, 2014. Can a new employer submit I-129 petition under 'cap exemption' without having I-797?
3. Is it possible that my approval is revoked ( by either employer or USCIS because of no-status)? In that case, how do I confirm the same?

Your answers will be very much appreciated.
Thanks & Regards.

[chandrakeerthi_hc]

How long my new H1 can be renewed with cap exemption in this case.

Thanks for your reply. It helps.
Can I know the period for which I can work with H1 Visa from this point? It has been almost 5 years since I got the approval and I have not stamped it any time.
Thanks again..

[Nattybone]

Hello, Chandrakeerthi.

As in principle, this is still a valid visa and the fact you have not utilized it at all, should this visa be revived, you should be entitled to entire 6 years of H1B. H1B is about usage, as you did not use it, the entire 6 years are available to you. The passport is not at once stamped for 6 years. H1B visa is at maximum granted for 3 years. One could get an extension for another 3 years while in the US, without having to come back to India.

I hope this helps.

Wishing you luck.

Cheers,

Thanks for your reply. It helps.
Can I know the period for which I can work with H1 Visa from this point? It has been almost 5 years since I got the approval and I have not stamped it any time.
Thanks again..