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Approved H1b Petition I-797C(Unstamped & Expired) - Eligibility for Cap-Exempt?

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  • Approved H1b Petition I-797C(Unstamped & Expired) - Eligibility for Cap-Exempt?

    Hi All,
    One of the Employer sponsored H1B in Apr-2008, It got approved and have valid I-797C Notice of Action from the employer. Due to some personal constraints,
    I have not attended the consulate interview at that moment and have not taken up the interview yet, also didn't entered US till now.

    My Question is,
    1. Can I use the same approved petition(I-797C, Notice of Action) to process with another employer who can do the exchange/transfer Process of my petition.
    2. Will it accepts USCIS in Out of Cap-Exempt and do the process(more than 6yrs now), Can I approach new employer now.

    Please let me know how to proceed further to get it valid.

    Thanks,
    Ram

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