How to find whether H1 petition applied in past was approved


My H1 was filed in 2008 and I have only I797 copy. Not sure whether this petition was approved. My question

  1. Cap exempt is applicable only if my H1b petition was approved and how to find whether my petition was approved

  2. How to get Approval copy, my petitioner closed his operation and not able to reach him, is there a way to get approval copy, if my petition was approved?

  3. I dont have Visa stamping, can I go for H1 transfer from India

Please clarify



  1. You have 797 copy. Enter the receipt number on USCIS website and see what the status is. BTW, I assume you have 797C which is receipt of notice and not 797A/797B which are actual approval documents.

  2. Only your employer can provide you w/ that. If you don’t get it, still another employer can file cap-exempt petition for you using just the receipt number.

  3. Yes as long as the petition was approved. Also, this needs to be done within 6 years of original H-1 start date.

my status is ‘post decision activity’, not sure it was approved or denied. In nut shell am cap exempt only if my petition was approved, understanding correct?

That is correct. I think it is approved but when you find a new employer their attorney can confirm.