I-797 expired, cap exempt?

[smtech]

Hi,

I had an I-797 approved and a H1b visa stamped in October 2010. I worked I the US on the H1b from Dec'10 till Nov'12 after which I moved back to India and joined a different company here. My visa as well as the I-797 expired as of 5 August 2013. Now, my earlier employer in US wants to rehire me for a position in US. Can they file a cap exempt petition for me now based on the prior approval notice?

Thanks

[kattu786]

Hi,

I had an I-797 approved and a H1b visa stamped in October 2010. I worked I the US on the H1b from Dec'10 till Nov'12 after which I moved back to India and joined a different company here. My visa as well as the I-797 expired as of 5 August 2013. Now, my earlier employer in US wants to rehire me for a position in US. Can they file a cap exempt petition for me now based on the prior approval notice?

Thanks

Yes.

[jairichi]

Yes, an employer can file a H1B cap exempt petition for you and upon approval you could work for the employer