How can I use my H1-B approval got in 2008 Oct., what is the process and what should I do?

I got my H1 approval on Oct. 2008. But my visa has been rejected on that time due to some issue with my petitioner. It was valid till Sept. 2011. Now getting calls from different consultants saying that the transfer is possible even in 2015 also. In my understanding, the approval is valid till six years. However, some cases are getting approved due to its in border line.

What can be done in this situation, please let me know.

Request your kind help on this.


Cap-Exemption is possible till 6 years from the date of expiry in i797.

However it can’t be used if

  1. the H1 is withdrawn by employer before Oct 1

  2. there is admin revocation (failing ti submit docs at consulate for 221G)

Thanks for your reply,

  1. How can i know whether the employer withdrawn my H1?
  2. I am planning for transfer, not with the same employer.

so, what are the possibilities i can try to get this done.


My I-797B, was valid from 10/01/2008 to 09/18/2011. Which means I can use it on cap exempt as six years is not yet over from the expiry date.