i-797 expired but 6 years for H1 status not expired

Hi,

Following are my case details

  • I-797 (LCA) was approved in November 2011 with an expiry of Sept 2014.

  • I was in US on H1B from March 2012 to August 2013 (~1.5 years)

  • It was revoked by the company in Sep 2013

  • i-94 was issued in Mach 2012 valid till Sept 2014

I had the following questions

-Till what date will I be cap-exempt and wont be required to go through lottery system?

Will it be since 6 years after my last H1B status (August 2013) or 6 years after my 1st LCA approval (November 2011) or 6 years after my LCA expiry (Sep 2014)

  • Can the expired LCA be renewed and transferred to new employer? If yes, it will be valid for how many years? What would be the fees for that?

  • If renewed LCA would be valid only till November 2017, by when latest should my perm be approved/ i-140 be filed so that I can stay in the US (and how many years I can stay without approved i-140). In case my perm is pending, can I stay in US till my perm is approved (and for how many years)

  • If a new LCA is filed under new employer, it will be valid for how many years? What would be the fees for that?

You can apply for cam exempt H1B unless you have used 6 years of H1B. And I797 is not LCA. I797 is your petition. LCA is approved by Department of Labour and I797 by USCIS.