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Using an Old approved H1B

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  • Using an Old approved H1B


    Hi, My H1B application was approved on Nov 14th, 2019 for my Employer A. I did not travel to the US during that time and my visa had expired as the visa of issued for a shorter period. Now I do not work with Employer A and have moved on to Employer B. Now there is a great opportunity with my Employer B's client in the USA for which Employer B is ready to apply for my H1B. few questions around this -
    1. Can my current Employer-B use my older approved H1B of Employer A and do an H1B transfer in a Cap exempt fashion?
    2. My older Employer-A has not provided me with my approved i797 back in 2019 due to their company policy. But I do have the case number and a copy of the notice of my application. If a Cap-exempt transfer is possible(as stated in #1 above), what can I provide in substitution of the approved i797? I also have approval confirmation emails and approval status online from - https://egov.uscis.gov/casestatus
    Appreciate any help.


  • #2
    Hi,
    Please see my response below.
    Question: Can my current Employer-B use my older approved H1B of Employer A and do an H1B transfer in a Cap exempt fashion?
    Answer: Yes. New H1B petition will be considered as CAP exempt.
    My older Employer-A has not provided me with my approved i797 back in 2019 due to their company policy. But I do have the case number and a copy of the notice of my application. If a Cap-exempt transfer is possible(as stated in #1 above), what can I provide in substitution of the approved i797? I also have approval confirmation emails and approval status online from
    Answer: Please note, H1B Approval notice is also Employee document. Your Employer can not deny to provide Approval notice copy or original to you.. Please try to get the copy through your Immigration attorney. But, there is always some alternatives, if you don't have the approval notice. As you mentioned, you can use Digital approval notification, screenshot of online case status.
    Thanks

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