COS from H4 to H1...Need Help

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 Please find my case details as below.


 1. Company A from India processed my H1 in March 2013 and it got approved till Sep 2016.


 2. In May 2013 I got married  and I quit employment with Company A and I came to US with H4 visa.


3, Recently company A provided me my approved I-797.


4. Now I am planning to change from H4 to H1.



 As i was never on H1 status and no H1 stamping, do my case fall under cap exempt?


Can I use my old I-797 to get H1 transfer to a new company?

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