H1 B - Not subjected to CAP - Visa not stamped - No petition documents


I got my first H1 subjected to cap approved in company A from October-2008 to Jun-2011. I appeared for H1 stamping in November, 2008 and got the Visa valid till the expiry of my petition.

I travelled to US with the same visa in December 2009 and returned to India in december 2010 and again travelled in March 2011 and returned in May2011.

I applied for extension in March 2011 and petiton got approved and new validity period is 13-jun-2011 to 13-mar-2012

After that I didnt go for Visa stamping and didnt travel to USA.

trextended the petition twice. Then I returned to India in May, 2013. I spent total 14 months in US. Now the latest expiry date of my petition is in May, 2014 but the Visa stamping is expired in May, 2012.

Now I swithced company from A to B in India

Now I have the petition documents for the first H1 B . I dont have any document(Except Approval notice Receipt number and validity period) related to H1 B extension.

For which Visa now am i eligible.

  1. Since I dont have the documents for H1 B extension Am I eligibe for H1B not subject to CAP , in my new company B .If yes till when I can apply?

  2. If I apply for Fresh H1B - Will they ask for proof of previous approval notice filed in Company A for both H1 B fresh and Extension?

  3. Since I dont have the documents for all the previous approval notice , which are the visas I can apply for?

  4. Company A is not willing to give me the approval notice (I -797) , From where can i get the Notice approval dulicate copy?

Looking forward for a reply.

Thanks in advance,



  1. U are Cap-Exempt

  2. NO. Better go for Cap-Exemption, coz u r eligible

  3. U dont need any docs for Cap-Exemption. Having the case number will do

  4. Find an Employer who can file Cap-Exempt petition, they will look after all those stuff if u have case number