H1B-CAP Exempt -Expired H1 Petitions

[rprasadhk]

Hi,

I had an approved I-797 petition from Employer A in Aug 2005 and travelled to US on Aug 2006.

I did my H1-Transfer to Employer B in June 2007 and got another I-797 petition (extension) valid till 2011.

I was in US for 3 years till 2009 and came back to India and been staying here since then.

Now can I apply for my H1B CAP exempt (I still have 3 years left) considering that my second I-797 expired in 2011?

Please clarify.

[0407]

Yes. you are camp exempt. You can get remaining 3 years

[pontevecchio]

yes

[rprasadhk]

Thank you very much.