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Cap exempt on basis of expired I-797. Some questions.

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  • Cap exempt on basis of expired I-797. Some questions.

    Hello all,

    I would appreciate advice on following:

    My visa history:

    2005: Entered US on L1 B with employer A
    2009: Employer A applied for H1-B. I recieved an I-797B approval notice. This notice was valid from Oct/09 to Jan/12.
    2009: I left the US for personal reasons. I did not ever recieve or apply at US embassy for the H1-B visa. I continued to work for employer A outside US.
    2014. I received a new L1 B visa with employer A and re entered the US. As I have been out of US > 1 year I am starting off again with a fresh L1.
    2014: I am considering a job opportunity with employer B

    My questions are:

    1. Can employer B apply for a H1-B for me on a cap exempt basis using the I-797 i recieved in 2009?
    2. Is there any way employer A cancelled or otherwise invalidated the I-797?
    3. If the answer to question 1 is positive how long will it take to recieve a H1-B visa?
    4. Finally, how long will the new H1-B be issued for - A - up to a full 6 years minus the 3 months since i entered US on my current L1 or B - for approx 2 years as this is the duration I was entitled to when i applied in 2009 based on 6 years minus the 4 years I had spent in US on L1 at that time?

    Thank you very much for all your help.

    Best Regards.

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