H4 - H1 Capexempt - Old 1797 required?

[soman]

- Currently in USA in H4.

- About to identify a sponsor who can apply for H1 (Capexempt - As I have a valid old H1 Visa stamping) to transfer it.

- I never used my Old H1 for travelling to USA.

Question:

I don't have I797 (old H1 approval petition original/photocopy). Will that be a mandatory document for tranfer or is there any alternative?

Thank you!

[Attorney_10]

Generally, the H1B beneficiary must provide evidence that s/he was counted against the numerical H1B cap. Evidence may include the previous H1B petition approval (I-797 approval notice) or visa foil in the passport. Failure to include the necessary documentation may result in a denial of the petition. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case.