One of the Employer sponsored H1B in Apr-2008, It got approved and have valid I-797C Notice of Action from the employer. Due to some personal constraints, I have not attended the consulate interview at that moment and have not taken up the interview yet, also didn’t entered US till now. It’s been 6+ years now.
My Question is,
- Can I use the same approved petition(I-797C, Notice of Action) to process with another employer who can do the exchange/transfer Process of my petition.
- Will it accepts USCIS in Out of Cap-Exempt and do the process, Can I approach new employer now.
Please let me know how to proceed further to get it valid.