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san.rao123

Unused , unapproved , unstamped I-797

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I have worked in the US earlier from 2006 to 2012 on a 6 year H1 period. After 2 years cooling period I re-applied from Company 'A' and got a I-797 approval in 2015.  I never used it nor I got it stamped.  I have quit that company and I am assuming they haven't cancelled the H1.

Question is : It's been 4 years already since the -797 approval, can I reuse it in anyway to file for a new H1 from a new employer ?   Am I cap exempt since it's not yet 6 years  ? If yes then what exactly are the benefits of being under cap exempt. 

An accurate response would be much appreciated. Thanks in advance,

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They were required by law to inform USCIS that you don't work there. Otherwise they would have to pay you. So you can be sure that the H1 is revoked.

Since you didn't start working on the H1 you have not been counted for the quota. A new employer can file in next year's quota.

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