old H1B approval for cap exemption

[kirankumar19]

I have applied for H1B in 2007. Petition was approved, but i could never use it due to personal reasons.

Now another company want to use the old I-797B to get the cap exemption. I have the scanned copy of my earlier I-797B. Is this enough ? or Should I need to have the original I-797B copy ?

This is because i need to submit this to my new employer.

Thanks,
Kiran

[shervin143]

A copy is enough to prove that you are already CAP counted.

[kirankumar19]

Thank you very much Shervin...

Kiran

[kirankumar19]

An Update

02-02-2011 - Filed H1B with cap exempt and under premium processing.
04-02-2011 - Applicatoin received by California Visa Office.
06-02-2011 - Employer received the receipt through email. (on a sunday )
08-02-2011 - Approval notice through courtesy mail. It mentions that I-797 will follow in another mail. Yet to receive I-797.

Kiran

[kirankumar19]

Update

Have attended Visa Interview @ chennai consluate few days back...got the stamping done...H1 for my self and H4 for my wife and kid...

Only four questions asked

1) what i will be doing in new company ?

2) what is the salary in new company ?

3) location of new company ?

4) what is my current salary ?

One question for my wife:
1) when we got married ?

It is pretty cool.

Some background:
A big MNC applied for my H1, direct employment

[thinkarun]

Hi Kiran, I'm in the same situation. I have petition approved but expired this september 2011. Can I file New H1B based on the old petition. I want to know whether can I get New H1B for sure.
Appreciate your help.
Thanks.

[shervin143]

I have petition approved but expired this september 2011. Can I file New H1B based on the old petition.
>>> Yes.

I want to know whether can I get New H1B for sure.
>>> No one can predict whether you will get the H1B for sure or not. It depends on the doucments that you submit and the employer who files it. But you can certainly use the CAP from the previous H1B petition provided you haven't used all 6 year in that CAP H1B + L1 combined.

[arunprasth]

Thanks, Shervin. I got Visa Stamped also but cancelled while appearing for L2 Visa. They put Cancelled without Prejudice on visa in passport. Will there be any issues in filing new H1B based on old petition which was expired in september.

Thanks!.

[shervin143]

No. Visa is only an entry document to U.S. You need to get the H1B visa stamped when you leave U.S and want to re-enter in H1B status. For filing a change of status from L2 to H1B, visa is not required.

Thanks, Shervin. I got Visa Stamped also but cancelled while appearing for L2 Visa. They put Cancelled without Prejudice on visa in passport. Will there be any issues in filing new H1B based on old petition which was expired in september.

Thanks!.