H1B visa Stamped but Expied,No Original I-797 .. Can i still use my old H1 B

[gponnapalli]

Dear Team,

I have got my H1 B Visa Stamped under the WAC0814451827 With Employer A

Visa Issue date :

Issue date : 23 Sep 2008

Expiry Date: 31 Jul 2011

When I left Employer A on May 17 2012,he has taken back the I-797 as its expired by that date.

I am with Employer B. Can he start processing my case under H1B cap Excempt category with out original I-797.

Please clarify.

thanks,
Gopi

[raghvi]

Dear Team,

I have got my H1 B Visa Stamped under the WAC0814451827 With Employer A

Visa Issue date :

Issue date : 23 Sep 2008

Expiry Date: 31 Jul 2011

When I left Employer A on May 17 2012,he has taken back the I-797 as its expired by that date.

I am with Employer B. Can he start processing my case under H1B cap Excempt category with out original I-797.

Please clarify.

thanks,
Gopi

I do hope you kept a copy of the I797. If yes, it should be easy for B to file a Cap Exempt H1 petition.

This is my opinion not legal advice.