Renewal of expired I797 petition

[JJay Mehta]

My I797 and visa both were issued in 2015 and they expired in Dec 2017. However, I never traveled to US on this I797 and have been in my base location India right from 2015 till date. 

Renewal for the above petition was applied and got denied in first quarter of 2019. Original application and renewal was done by the same company. 

Following are my queries: 
1) Can now a new company in US or India apply for my case transfer followed by petition filing and visa stamping? 
2) Will my case be under non-cap category? 
3) Is the entire duration of 6 years towards my H1-B still valid and available for me to be claimed, assuming response to point 1 is yes? 
4) How much of a duration will I get on my new petition, assuming response to point 1 is yes? 

Would appreciate your quick response and guidance. 

Thanks & Regards,

[gopalakrishnach]

1) Yes

2) You never started your H1B. I may be wrong but yours will be in cap.

3) I guess yes entire 6 years.

4) I guess 3 years max for each petition.

[JJay Mehta]

Thanks alot gopalkrishnach for your response. It really helped me in getting a clarity to my case.

I will try to get your response to point 2 verified through some other sources as well.

I am trying to reach out to multiple consultancy in US for my case, but unfortunately no positive response so far. By any chance are you aware of any consultancy who are handling and processing such cases, with the fact that I am in India.

 

Edited September 8, 2019 by JJay Mehta

[xTDx]

If you never stayed in US under h1b status then you will be subject to H1b cap and any related lotteries. You seem to have never entered and stayed in US under H1b so a new H1b petition will be cap subject.