H1 got approved but never be on H1

[NANCY1234]

My H1 B was filed in 2008 april , it got aproved in june 2008 in this time i was in india , then i moved to USA in july 2008 on H4 Visa , due to bad economy i didn't go for change of status ( H4 to H1) , so I never be on H1 and this approved H1 is expired on 2011, currently my status is H4 and now i have one offer in hand from some company A so my questions are.........

1) Can company A use my expired approval notice(I-797) for new H1 filing , so that my case will not fall under cap ???

2) In this whole period i never ask for my Approval notice from my employer and he too didn't send me any copy , now i asking my approval notice but he is not ready to provide that , saying it might be lost or disregarded how should i proceed ????

3) Suppose he lost the approval notice in that case Can i get a copy of my approval notice from USCIS ???

[mvangala29@gmail.com]

My H1 B was filed in 2008 april , it got aproved in june 2008 in this time i was in india , then i moved to USA in july 2008 on H4 Visa , due to bad economy i didn't go for change of status ( H4 to H1) , so I never be on H1 and this approved H1 is expired on 2011, currently my status is H4 and now i have one offer in hand from some company A so my questions are.........

1) Can company A use my expired approval notice(I-797) for new H1 filing , so that my case will not fall under cap ???

2) In this whole period i never ask for my Approval notice from my employer and he too didn't send me any copy , now i asking my approval notice but he is not ready to provide that , saying it might be lost or disregarded how should i proceed ????

3) Suppose he lost the approval notice in that case Can i get a copy of my approval notice from USCIS ???

Hi,

I am also in the same boat, however, i got the approval in oct 2011 and came to US in nov 2011 on h4.

Can any one help on this ?

Thanks,

Madhuri.

[kalyan_ac]

My H1 B was filed in 2008 april , it got aproved in june 2008 in this time i was in india , then i moved to USA in july 2008 on H4 Visa , due to bad economy i didn't go for change of status ( H4 to H1) , so I never be on H1 and this approved H1 is expired on 2011, currently my status is H4 and now i have one offer in hand from some company A so my questions are.........

1) Can company A use my expired approval notice(I-797) for new H1 filing , so that my case will not fall under cap ???

2) In this whole period i never ask for my Approval notice from my employer and he too didn't send me any copy , now i asking my approval notice but he is not ready to provide that , saying it might be lost or disregarded how should i proceed ????

3) Suppose he lost the approval notice in that case Can i get a copy of my approval notice from USCIS ???

You are cap-exempt. If the employer cannot provide the 797 atleast get the WAC/EAC# petition number and give the same to the prospective employer.