I797 expired

[Harisubramaniam]

Hi,

I have applied for H1B in 2011. I received I 797 which was valid until 2014 Jan. But I couldnt go for stamping and the I 797 expired. But i want to get my H1B now. Will my new petition go through the H1B cap limit or can I file a cap exempt petition? Any help is greatly appreciated.

[raghvi]

Hi,

I have applied for H1B in 2011. I received I 797 which was valid until 2014 Jan. But I couldnt go for stamping and the I 797 expired. But i want to get my H1B now. Will my new petition go through the H1B cap limit or can I file a cap exempt petition? Any help is greatly appreciated.

It would be cap exempt.

This is my opinion not legal advice.

[Harisubramaniam]

It would be cap exempt.

This is my opinion not legal advice.

Thank you for your prompt response raghvi. Would it be cap exempt even if I initiate a New H1B from a company thats different to the one with which i applied for my first H1B?

[raghvi]

Yes you would be, as long as you use the old petition of the old employer.

Visa, petition are two different things. You are already cap counted in last 6 Years so why would you want to go through the cap again? Right now you have two choices:

Ask next employer to initiate a new H1 on a new petition in April 2015 with a start date of Oct 2015 - Risk of going to lottery again and possible non selection in lottery.
OR
Ask next employer to file a cap exempt H1 petition, with an immediate start date on the basis of the fact that you are already cap counted in last 6 Years.

I dont see why you would not want to go ahead with the second option, unless I am missing something here.

This is my opinion not legal advice.

[Harisubramaniam]

Yes you would be, as long as you use the old petition of the old employer.

Visa, petition are two different things. You are already cap counted in last 6 Years so why would you want to go through the cap again? Right now you have two choices:

Ask next employer to initiate a new H1 on a new petition in April 2015 with a start date of Oct 2015 - Risk of going to lottery again and possible non selection in lottery.
OR
Ask next employer to file a cap exempt H1 petition, with an immediate start date on the basis of the fact that you are already cap counted in last 6 Years.

I dont see why you would not want to go ahead with the second option, unless I am missing something here.

This is my opinion not legal advice.

Hi Raghvi,

Thank you for your detailed answer. Just one more questions. The second option seems to be better. In case i choose the second option, do i have to produce the original I 797or would a photocopy do? As I have lost the original I 797

[raghvi]

Hi Raghvi,

Thank you for your detailed answer. Just one more questions. The second option seems to be better. In case i choose the second option, do i have to produce the original I 797or would a photocopy do? As I have lost the original I 797

You need to be much more careful of immigration related documents. A copy should be acceptable.

This is my opinion not legal advice.

[pkarthik1979]

I797 Expired

Hi,
My H1B petition got approved September 2013 and It was expired September 2014, I did not go for stamping and also my employer did not give the copy of I797 copy.

If I get the copy, will be able to transfer through H1B cap excempt even expired two month before. Kindly assist me.

[raghvi]

Duplicate post.

http://www.immihelp.com/forum/showthread.php/149034-H1B-transfer-if-I797-expired

Please refrain from hijacking a running thread.