Can an expired I-797C approval notice(which states that status change was denied) be used for H1B transfer?


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My Wifes H1B was initially denied but she submitted a request to reconsider and it was approved a year later. But by the time she got her approval notice she left the US because her 3 years of F1-OPT were used up.

The approval notice she got is a I-797C form stating that her H1B was approved but change of status is denied because of her being outside of the USA and also that some approval documents were sent to the consulate in India. This was back in 2020 and the H1B was approved only for 3 months, all the consulates were closed due to Covid and she was not able to go to the interview to get her visa.

Now she is planning to come to US on H4 visa and she is looking to transfer her unused and expired H1B to a new employer.

I want to know if it is possible to get a H1B transfer based on the old I-797C approval from even though it stated that the change of status was denied. What are her options here?

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