Approved H1 petition without stamping - Can be cap exempt?

[HydUser]

Hi,

My H1 petition from Employer A got approved in November'11 and was valid till Sept'13.

That time I didn't appear for stamping and left that Employer A.

 

Now my husband is on H1 @ FY15. So can I go for cap exempt H1? or is it better to go for H4 first and then transfer from US? I have a copy of I797c with me.

 

I am currently in India.

 

Thanks in advance.

[jairichi]

A new employer can file a cap exempt H1B petition and if approved you can travel to US with a valid H1B visa and I797. You can enter on H4 and look for a job and an employer later can file a cap exempt H1B petition with COS. On approval you can start working for that employer.

[HydUser]

Many thanks Jai. So H4 will not invalidate my H1 chance. Correct?