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H1-B Out of Cap filing and H1-B transfer for an approved, unstamped, expired petition

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  • H1-B Out of Cap filing and H1-B transfer for an approved, unstamped, expired petition

    Hi,

    I have an approved H1-B work petition (filed in 2012) that got expired in September, 2013. Unfortunately, I could not get it stamped at the US consulate and have never traveled to the USA. I have a few questions around this on which I need some information.

    1) Will I be eligible for an Out of Cap visa filing ?
    2) I have the Receipt number of the approved work petition. But I do not have the i-797 with me and I don’t think my current employer will let me have it. If some other employer is willing to get the H1-B filed H1-B for me, will the receipt number (from the approved petition from my current employer) suffice for an Out of Cap exemption ?

    Appreciate all your help and assistance.

    Thanks and Regards,
    Raamkri

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