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bnayok

No Petitioner for Approved H1b case

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Hi, a previous employer of mine applied H1b as my petitioner and my case got approved by May 15, 2012. They sent a scanned copy of the form I-797B to me which is valid from 10/01/2012 to 08/26/2015(as mentioned in the document). But, before my case was approved I had left their employment and joined another organization. When I search today with the receipt number the USCIS portal gives me the status "Your Case Was Approved on May 15, 2012". I never travelled with this visa.

I intend to know if I can use this visa now. Do I need to find a sponsor? Can it be transferred ? Will a fresh application would be Cap Extemp for me?

Please help me with your suggestions.

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You had an appointment!location but that is now no relevant. Cap exempt, well that depends on the nature of your sponsor.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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That approval of h1b is not a visa, if you go outside US, u have to apply for h1b visa to return back.

So when u moved to the new organization, what status u were at if h1b was not approved at that time? OPT? For these 3 years, what did u use to be eligible to work in the new company since u r not allowed to work in a company using an approved h1b petition from a different company without applying for h1b transfer.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Hi Arken,

Thanks for the reply! I never travelled to US. I am currently in India. I am considering on whether I can get any advantage for having approved petition , in case a new employer file a fresh visa for me? May I come under Cap exempt?

Thank you !

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If your petition was approved in the last 6 years, you were counted against the cap, which would make you cap-exempt now.

Edited by F1H1I130

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To qualify for cap exempt, you have to have been granted H1B status, not just received the approvd petition. That is, you would have had to have been approved for the H1B visa and used it to enter the US and been admitted in H1B status for at least a day. Sounds like you never even got an approved H1B visa, right? If so, I don't think you fall under the cap exemption.

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