Validity of I-797B approval notice for stamping H1B visa


hou2hou

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Hi,

 

a) I have I-797B Notice Of Action from USCIS, received on June 18, 2008

b) It says Case Type - "I129"

c) It says Notice Type - Approval Notice

d) It says Valid from-10/01/2008 to 09/13/2011

 

I changed my employer in 2009.

 

Question 1 - Can I use it to get H1-B visa now in Feb'14?

Question 2 - If answer to above question is "yes", then will it be cap-exempt?

 

 

 

Thanks,

 

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Hi,

 

a) I have I-797B Notice Of Action from USCIS, received on June 18, 2008

b) It says Case Type - "I129"

c) It says Notice Type - Approval Notice

d) It says Valid from-10/01/2008 to 09/13/2011

 

I changed my employer in 2009.

 

Question 1 - Can I use it to get H1-B visa now in Feb'14?

Question 2 - If answer to above question is "yes", then will it be cap-exempt?

 

 

 

Thanks,

No, you cannot use that I797B for visa stamping. New employer has to file a cap exempt H1B petition based on your previous cap subject petition in 2008 and on approval after getting a valid H1B visa and new I797 you can enter US and work.

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