H1B Cap exempt and filing FOIA

[tan_sur69]

Hello

I have H1B stamped in year 2008, but never travelled to USA.

I recently filed a new H1B petition (under new employer) under cap exempt in Sept 2014 (under permium processing).

I got the approval for 3 more years i.e till 2017.

Now my new employer is not willing to share the orirginal I-797 petition and is not picking calls.

I have the reciept number (EAC....) for I-797.

I filled FOIA to get the copy of I-129 petiton and if the petition is approved (the copies will be stamped with an Approved stamp on it).

Questions

-------------

1. Can i file new h1b petition under cap exempt using the copy of I-129 petition and a printout of i-797 from USICS website ?

[rakesh_g31]

Rakesh

yes you can. ....I am also in the same boat ...i mean I have 2008 h1b Approved petition,I want to use it now to file new H1B under cap exempt.Plz let me know if I am eligible.