I had H1B in the past but my I-797 is expired?

USA H1B Visa
1

Hi Team,

On September 11, 2010, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number XXXXXX. We will mail your approval notice. Please follow the instructions in the notice. If you do not receive your approval notice by October 11, 2010, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

Is still my petition valid ??? Can I process outside CAP.

Thanks

Seshadri

2

In your case, 6 year limit expires on Oct 1, 2016. Until then you can apply for cap-exempt petition.