H4 to H1B Change of status

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My H1B petition was filed in 2017 when I was in India. Let us suppose it's with employer 'X', Later I moved to the USA on an H4 visa(no EAD) in November 2018 while the H1B petition was still in process. The petition got approved in November 2019  till April 2020 and an I-797B was issued without I-94 and I didn't get to activate the H1B, as I-797B with out I-94 was issued I am not eligible to apply for a SSN
Now I have a job offer  from employer 'Y'.Can employer 'Y' file for Change of status under cap- exempt ? If filed will I get the approval as I-797A or I-797B with I-94?
If the petition is approved . Do I need to travel outside the country to activate it?
P.S: Currently my H4 visa is expired on Sep 2020 and an extension is filed.
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  • 4 weeks later...
On 11/6/2020 at 9:06 PM, Anat1 said:

Did you get any response from your employer / attorney? I'm in same boat. 

I got mixed responses from employer and attorney

Outside attorney: New petition can be filed under cap-exempt but have to travel outside for stamping if I get consulate approval. 

Employer's attorney: It doesn't come under cap-exempt, have to file a new petition that again goes into lottery queue.


Did you get any responses?

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