My H1B Visa stamped more than 6 years ago (2007-2010), never travelled on H1, but travelled twice on B1. My previous employer who sponsored entity doesn’t exist (Sat**m Computers). Per clarification by INA in Jan 2017 related to reclaiming unused time (in my case its full 6 years),
Am I eligible under cap exempt to file a new H1B petition by another employer .
Is I797 is really required? if yes, as I don’t have a copy, can I get a duplicate copy by making a request myself? what is the procedure?
Yes, USCIS may consider you cap-exempt. Generally speaking, if you have had H1B stamped, or worked for the H1B sponsoring employer ( if already in US on other visa class and changed status to H1B), your H1B is considered activated and counted against the cap. However there are cases where USCIS has approved cap-exempt H1B even if the beneficiary never worked for the sponsoring employer or had H1B visa stamped.
As a supporting document it is good to have a copy on the approval notice. Even if you have the receipt #, I think it should be okay.
You can try requesting a copy of H1B petition from USCIS using FOIA request however USCIS may deny as it is employer petition. No harm in trying though.