Have a valid H1 Petition Approval, but living in US on H4 - what I can do?

[chrisahren]

Hi

When I was in India in 2013, my employer processed H1 for me and the petition got approved until Dec 2014. But before taking the stamping, i have resigned my job in India. Then I travelled with my spouse to US on H4 in 2014. I am wondering now, as what are the options available for me to change my status to H1 (my old approved H1 petition).
Note:
1. I dont have I-797 with me or the copy. But I have the case file number.
2. My INdia Employer still running operations in US.

My questions are:

1. Should I only contact my old employer asking him for oppurtunities in US?
2. Or can i join any employer in US and make the H1 transfer?
3. Can I do step 2 without I797?
4. My petition is valid till Dec 2014, so should I find an employer(my old or a new) before Nov2014?

Kindly help.

[raghvi]

Hi

When I was in India in 2013, my employer processed H1 for me and the petition got approved until Dec 2014. But before taking the stamping, i have resigned my job in India. Then I travelled with my spouse to US on H4 in 2014. I am wondering now, as what are the options available for me to change my status to H1 (my old approved H1 petition).
Note:
1. I dont have I-797 with me or the copy. But I have the case file number.
2. My INdia Employer still running operations in US.

My questions are:

1. Should I only contact my old employer asking him for oppurtunities in US?
2. Or can i join any employer in US and make the H1 transfer?
3. Can I do step 2 without I797?
4. My petition is valid till Dec 2014, so should I find an employer(my old or a new) before Nov2014?

Kindly help.

1. Not necessary but would be preferable as you dont have the I797 copy with you.
2. Would have been easier had you had a copy of the approval notice with you.
3. Difficult, very few genuine employers would try to file with only receipt number.
4. You can find till Oct 2019 in my opinion.

This is my opinion not legal advice.