Hi All,
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.
I heard that an approved I-797 is valid for 6 years to extend or renew the H1 status. If that holds good, April 2008 approval has already crossed 6 years.
Hi Friend,
Its valid for 6 years from expiry, not from approval date as mentioned by RaNa. So, please check your validity and approach any employer. It worked for me.
Hi Yogesh,
It will be COE(Change of Employer) and the new employer should pay the transfer fee and go with Cap-Exempt to get the I-797 Approval. If you approach any employer they will let you know the details.
Thank you so much Ranjit. Interestingly one of the consultant and couple of attorneys on avvo.com told me that i am not cap exempt as its 6 years from approval. Is it possible for you to talk. If yes then please ping me your number on yogeshydesai@hotmail.com