No Petitioner for Approved H1b case

[bnayok 0]

Hi, a previous employer of mine applied H1b as my petitioner and my case got approved by May 15, 2012. They sent a scanned copy of the form I-797B to me which is valid from 10/01/2012 to 08/26/2015(as mentioned in the document). But, before my case was approved I had left their employment and joined another organization. When I search today with the receipt number the USCIS portal gives me the status "Your Case Was Approved on May 15, 2012". I never travelled with this visa.

I intend to know if I can use this visa now. Do I need to find a sponsor? Can it be transferred ? Will a fresh application would be Cap Extemp for me?

Please help me with your suggestions.

[Boiler 45,499]

You had an appointment!location but that is now no relevant. Cap exempt, well that depends on the nature of your sponsor.

[arken 4,197]

That approval of h1b is not a visa, if you go outside US, u have to apply for h1b visa to return back.

So when u moved to the new organization, what status u were at if h1b was not approved at that time? OPT? For these 3 years, what did u use to be eligible to work in the new company since u r not allowed to work in a company using an approved h1b petition from a different company without applying for h1b transfer.

Edited July 27, 2015 by arken

[bnayok 0]

Hi Arken,

Thanks for the reply! I never travelled to US. I am currently in India. I am considering on whether I can get any advantage for having approved petition , in case a new employer file a fresh visa for me? May I come under Cap exempt?

Thank you !

[Mollie09 1,543]

If your petition was approved in the last 6 years, you were counted against the cap, which would make you cap-exempt now.

Edited July 27, 2015 by F1H1I130

[jan22 3,055]

To qualify for cap exempt, you have to have been granted H1B status, not just received the approvd petition. That is, you would have had to have been approved for the H1B visa and used it to enter the US and been admitted in H1B status for at least a day. Sounds like you never even got an approved H1B visa, right? If so, I don't think you fall under the cap exemption.