ted91 Posted February 22, 2020 Report Share Posted February 22, 2020 H1B approved in 2019 november. Haven't held any US visa previously. I-797 expired in 2019 december. Not stamped. Can the same employer file a cap exempted petition using the previous approval? Quote Link to comment
User099 Posted February 24, 2020 Report Share Posted February 24, 2020 I don't think so. I think atleast you should have the visa stamped for you to be counted in the cap. Quote Link to comment
gopalakrishnach Posted February 24, 2020 Report Share Posted February 24, 2020 (edited) Yes, employer will apply for H1B extension. But DEC 2019, by now your employer must have applied and get it approved if you are still in USA... Edited February 24, 2020 by gopalakrishnach Quote Link to comment
H1-BGuy Posted February 26, 2020 Report Share Posted February 26, 2020 @ted91 - Applying for I-797 Extension is certainly possible in your case. Your employer who has sponsored H1B should have filed the extension, Check with your employer on further details. Quote Link to comment
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