Approved H1B petition but 221g issued for client letter,visa stamping on hold.Eligible under cap exempt if I797 expires?


My H1-B was approved in 2017 and I attended the Visa interview on Oct 2017. I was issued the 221g blue slip requesting for a client letter to be produced within a year’s time failing which the “application” will expire. My I-797 form will expire on Dec 2018 (validity: Oct 2017 to Dec 2018). Does this mean that if I don’t submit the client letter within the given time, my H1-B will expire? Also, could someone please let me know if,

  1. I will be eligible for a CAP exempt? If yes, will 6 years be counted from the start date of validity of my current I-797 or from its expiry?

  2. Will another employer be able to get my H-1B transferred in case if they are willing to provide me a client letter?

… I read in a couple of Q&A that candidates without attending Visa and with old approved H1-B are eligible for CAP exempt.


Is there any update in your case ? I’m in same situation

Kindly let me know your if any update. Same situation for me.

Hi Praneeth11,

You can file a fresh petition under no cap.