H1B cap exempt Question

[anoopvn]

Hi
I had a H1B approved in 2008, but I never got the I 797 approval letter from my employer, I never went for H1B stamping or come to US on that one.
Now I have come to US on L1 and they are processing H1 for me. I wanted to know if I can be cap exempt because I already have been approved once sometime ago. I only have the receipt number.

My attorney says since I dont have the I797, I cannot be cap exempt. Is this true?

[shervin143]

Receipt number is enough to prove that you are already CAP counted provided you know for sure that CAP number belongs to you. The CAP for 2012 is still open. Your employer can go for a new CAP and request an immediate start date. You don't even need to use the old CAP.