H1B Cap Exempt without having the i-797 original document

Hi,

My H1B petition was approved in 2013 and i got the Visa in my passport (with Employer A). I had gone to US for a small assignment for 15 days on this Visa.

My Visa expires in June 2016 and I am leaving Employer A in the same month. They have asked me to submit back i-797 original document.

  1. Will my new Employer B be able to get the benefit of CAP Exempt if they choose to file H1B for me? (i would have only a copy of i-797)

  2. Can Employer A affect this in any way? (by informing the USCIS to reject/close my petition) How to handle this case? Please help

  3. As i have stayed only 15 days till now and i have payslip for that period. If i get Visa again, i would be able to stay in US for 6 years (minus 15 days).

Your help is very much appreciated. This is a fantastic website.

  1. Will my new Employer B be able to get the benefit of CAP Exempt if they choose to file H1B for me? (i would have only a copy of i-797) - Yes the new employer can file under cap exempt. You do not need original copy of I797. Only a copy is enough.

  2. Can Employer A affect this in any way? (by informing the USCIS to reject/close my petition) How to handle this case? Please help - They can revoke H1 but you would still be cap exempt.

  3. As i have stayed only 15 days till now and i have payslip for that period. If i get Visa again, i would be able to stay in US for 6 years (minus 15 days). - Yes. Any time spent outside US won’t be counted against the 6 year counter.