Hi everyone,
I am looking for guidance regarding my H1B situation and whether I might still be eligible for cap-exempt filing.
Background:
- I worked for UST Global and had a H1B petition approved in 2015.
- The approval was under I-797B, with validity from Oct 1, 2015 to Sept 14, 2018.
- I also traveled and worked in the USA (Charlotte, NC) for a period of 1 year during that time.
- I have a personal copy of the I-797B approval notice from that original petition.
FOIA Request/response:
I recently submitted a FOIA request to USCIS (April 15, 2025) to retrieve any record related to that H1B petition, since I’m considering a new petition through my current employer.
- On April 17, 2025, USCIS responded saying no records were found in PCIS (Person-Centric Identity Services).
- I then sent them a copy of my I-797B to assist with a second search.
- I received a response from the FOIA Public Liaison that the physical petition was destroyed as per federal record retention policy.
- I followed up to ask if any digital or scanned copies existed, but they confirmed that no copies (physical or electronic) remain.
My Question?:
Given that I had an approved H1B in 2015 and even traveled to the U.S., but now USCIS has no records on file, am I still eligible to file a cap-exempt petition?
I have read that previously approved petitions can sometimes be reused if not all 6 years were consumed—but I’m unsure how this applies when USCIS no longer has the petition in their system.
Would my I-797B copy and the FOIA responses be sufficient for an immigration attorney or employer to consider me cap-exempt?
Any insights, similar experiences, or advice on next steps (including whether DOL or DOS FOIA requests are worth pursuing) would be highly appreciated.
Thanks a lot in advance!
Sravan