New Employer use Old Approved H1B Petition


I have a old H1B Petition from my current Employer (Company A). This petition was approved in 2009. Can I join a new employer (Company B) and they use this old Petition to file a new H1B Exempt from Visa Cap for me?

Thank you.

Yes, your prior H1b approval makes you cap exempt. Your new employer can file for a H1b transfer.

Yes, you are still elgible

I am in a same boat but in my case i got a 221 g can i still change the employer ? please reply asaP

Another employer can file a cap-exempt petition for you based on previously approved petition. This is doable.

Anybody who has actually done this?

Hi Raj,
Did any one of you get your H1b transfered using old i797.I am in a same boat. I have approved I797 of May 2008. never used it. got 221g when i went for stamping. Now I am in usa on L1b visa and got offer from other employer. Can I use my old I797 for H1 transfer under cap exempt? Please let me know if it worked for you guys