H1 Transfer have I797. Have H4 Stamped

[AnuToUS]

Hi all
I am in India now, I have H4 stamped and I will be travelling to US next month to join my spouse
My ex-employer had filed my H1B and I hve the I797 notice of approval dated April 2008. I never went for stamping and the petition is unused.
This year I applied for H1B thru a consultant but I have not received any response after the lottery and assume I was not selected.

1) Can I use my i797 from ex-employer as a cap-exempt and do a transfer to new employer?
2) Should i initiate transfer while in India or better to go to US on h4 and initiate it from there? Which is easier? If initiate from India, can I travel to US on H4 next month?
3) Most impt, is my petition still valid as it has crossed 6yrs from the date of receipt but yes, it is unused till now.

Pls let me know your thoughts on this..

[mridula87]

H1 transfer

Hi Anu,

Even i am struck with the same situation. Last year ma current employer filed H1B and i got ma petition approved from USCIS which is valid till Aug 2017 and I was eligible for stamping since Oct 2014. I am getting married in June and planning to join ma spouse in USA. I have resigned my job with current employer.

My question is, after moving to USA with H4 visa, will I'll be able to find an employer who can reactivate my H1B petition and start working there?? Should i get any approval from my current employer for doing so ?? Or will there be any legal issues that my current employer can sue me if I start the reactivation process via new employer ?

Note: I have never used my H1B visa and it expires in Aug 2017.

Please help to make use of ma H1B visa.

[AnuToUS]

Hi all
I am in India now, I have H4 stamped and I will be travelling to US next month to join my spouse
My ex-employer had filed my H1B and I hve the I797 notice of approval dated April 2008. I never went for stamping and the petition is unused.
This year I applied for H1B thru a consultant but I have not received any response after the lottery and assume I was not selected.

1) Can I use my i797 from ex-employer as a cap-exempt and do a transfer to new employer?
2) Should i initiate transfer while in India or better to go to US on h4 and initiate it from there? Which is easier? If initiate from India, can I travel to US on H4 next month?
3) Most impt, is my petition still valid as it has crossed 6yrs from the date of receipt but yes, it is unused till now.

Pls let me know your thoughts on this..

Experts or those who had similar experience pls update /share info