Is latest I797 petition required for cap exempt application?

[Nagarajan V]

Hi,

I have got initial H1B petition approved on Dec 2014 and its valid till Dec 2015, Since i did not get opportunity i moved to another employer and they have filed it and again its valid till Aug 2016, due to some problem with that employer, i came out of that company. Now i am currently working for some company and ready to process my H1B visa, do i need latest H1B petition to apply for H1B cap exempt? or shall i apply with old expired petition?.

Please answer my questions as its urgently required.

[kkinusa]

ask your lawyer.

i'd apply with the current one. but i think any approved petition within the past 6 years maybe eligible.