Out of Cap - H1B after i797 expiry with same employer

I had an approved i797 valid till 14th Nov 2017. No stamping was done . My employer has applied for an Cap exempt for me .
I have few queries .

  1. The possibility of approval .
  2. How long does it take to get the file number after application. Is there any link with the older file number ?
  3. Is the time line different from regular H1B visa ?

Possibility of approval of what? Do you mean to say if another employer want to file cap-exempt based on the past approval, then yes it is possible.

It takes 7 to 21 days to get the receipt for the petition. If you dont have the copy of your old H1B petition, you can request the employer to share the copy with you.

Add more clarity to your question.

Q1.Possibility of approval of out of cap if the employer is same as old one

Q2. I do have the older i797 . But to track the current petetion , i believe I need to wait for the new file number . Is that correct ?

Q3. The out of cap process of H1B and the in cap process of H1B, are they both same in the basis of time taken ? And the workflow


Yes, you will receive I-797 receipt with number once the petition is filed and you can track using that number.


Cap-exempt do not need the beneficiary to apply under lottery. Cap-subject has to apply in the fresh H1B quota. USCIS starts accepting cap-subject applications on 1st March every year and if selected ( via lottery because there are more applications that the H1B quota of 85000 visas every year) your employer can file the petition.