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Multiple I-797 for h1b petetion

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  • Multiple I-797 for h1b petetion

    Hi,

    I have H1b visa and stamped for Nov 2007 to Sept 2010 for ABC employer. I have been US there at March 2008 to Sept 2009. I came back to India. I am working with MNC in India.

    when i was in US, I got transferred my H1b petition with Different (XYZ) employer period 2008 to Sept 2011. I have only H1b petition Track or Xerox copy of I-797 for transferred employer(XYZ).

    Now I want to go for CAP exemption for H1b Process again now.

    1. for Fresh H1b CAP Exemption process, which I-797 petition should we use for H1b CAP exemption process now.
    2. why because I dont have proper documents for 2nd employer. I have only I-797 xerox copy only had it.

    3.Can we use the First Employer's I-797 petition for Fresh H1b CAP Exemption now or not.
    4. OR Can we use Latest or 2nd Employers's I-797 petition for Fresh H1b Cap Exemption now.

    Please help me on this.

  • #2
    Originally posted by brajanikanth8 View Post
    Hi,

    I have H1b visa and stamped for Nov 2007 to Sept 2010 for ABC employer. I have been US there at March 2008 to Sept 2009. I came back to India. I am working with MNC in India.

    when i was in US, I got transferred my H1b petition with Different (XYZ) employer period 2008 to Sept 2011. I have only H1b petition Track or Xerox copy of I-797 for transferred employer(XYZ).

    Now I want to go for CAP exemption for H1b Process again now.

    1. for Fresh H1b CAP Exemption process, which I-797 petition should we use for H1b CAP exemption process now.
    2. why because I dont have proper documents for 2nd employer. I have only I-797 xerox copy only had it.

    3.Can we use the First Employer's I-797 petition for Fresh H1b CAP Exemption now or not.
    4. OR Can we use Latest or 2nd Employers's I-797 petition for Fresh H1b Cap Exemption now.

    Please help me on this.

    You need to use the employer's petition with whom you were working in Sep 2009.

    This is my opinion not legal advice.

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