Recapturing Unused H1B from 2017

USA H1B Visa
1

Hi,

H1b petition was filed in 2017 and approved but Employer or consultancy didn’t send for stamping or scheduled any interviews since then.

Consultancy has not provided I797 approval notice after following up since 2018. Till now, i havent travelled to US on any other Visa.

I got the Approved I129 form from 2017 through a FOIA request but didnt get the I797. I am still in home country.

Can a new employer file for a cap exempt petition?
If yes, then will it also require previous I797 to be attached to proofs or an approved I129 from FOIA would suffice the need?

2

Yes.

Copy of I-129 from FOIA is fine.

3

Thanks Kalpesh
Many employers are asking for I797 form.
Also, one said that if transfer petition filed, uscis may reject as it should go for lottery as it was filed way back in 2017

4

USCIS has approved cases like yours so you dont have to lose anything in trying. Technically itcis not a transfer but a new cap-exempt petition based on prior H1B in your case.

5

Thanks for the info, Kalpesh