Cap Exempt Application after I797 Expiry


I got my I797 approved in Feb-2020 and is Valid from 01/Jan/2020 to 30/Apr/2020, Hence I didnt go for stamping or didn’t apply for extension.

Can I apply for H1 under Cap Exempt Application.

You may apply under cap-exempt using the approval notice copy however it may or may not be approved. Many people have reported their cap-exempt was approved even if they never had visa stamping done after the first approval or travelled to the US to work for the H1B sponsoring employer.

In both cases the my company is same but the client is different, What are the chances it will get approved,

PS: I was not able to go for extension due to all the Covid restriction, I know this is trivial and will not make any impact.

Thanks for responding… :pray: :pray:

I would be optimistic about getting it approved.

My request is approved… Thank you

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You had applied for out of cap and the older i797 was expired . Also new client but same employer . If these all are correct could you suggest how long after filing you got the file number ? Was it a new file number without any link to the older i797 and how long it took to approve . I am sailing on the same boat .

I filed in Premium so got the file number less than 10 days

How much time it took to get the approval post obtaining the file number in premium processing ?

not sure about the exact dates, approximately between 5-7 days