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Using Old Petition for filing new one under old Cap

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  • Using Old Petition for filing new one under old Cap

    I hold H1b Petition from my previous employer. I don't have Notice of Approval with me, but have Receipt Notice (I-797C). Is this sufficient if new employer wish to file new H1 petition under old Cap?
    This petition was filed in year 2006 and was approved (Back in India my previous employer was sending me for stamping in India but I never got stamped).
    However on USCIS website status is showing up as Initial Review even after so many years. What does that mean?

  • #2
    Don't you have a copy of the approval notice? The receipt number is enough to prove that you are already CAP counted. Don't worry about the status in the online case tracker. It is not always accurate.
    Last edited by shervin143; 01-18-2012, 11:00 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you Shervin

      I don't have copy of Approval Notice with me, but have Receipt Notice (I-797C). Is receipt number on both these Notices different? Or there is unique number which is used on all these forms?
      Last edited by rkalsulkar; 01-18-2012, 11:04 PM.

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      • #4
        If you know for sure that your petition was approved, then you can use the CAP from that petition to file a new one.

        Originally posted by rkalsulkar View Post
        Thank you Shervin

        I don't have copy of Approval Notice with me, but have Receipt Notice (I-797C). Is receipt number on both these Notices different? Or there is unique number which is used on all these forms?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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