Expired I-797A


srikanthp

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Hello Everyone,

 

I have a simple question to which I need a definite answer (unable to find much), can you please help me?

 

Question:
I have an expired I-797A (expired in Jan 2015), but I had quit my job and moved back to India in November 2013. 
a. Will a company be able to apply for a new H1B petition for me without the cap limit?
b. If I go back on a H4, will the above still be possible.
 
Thank you for your time and your input.
 
Regards,
Srikanth
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