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H1 B Cap exemption and getting duplicate I797

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  • H1 B Cap exemption and getting duplicate I797

    I have got H1 B in the year 2008 . I have been in US for 4 months and returned back to India and not traveled again on H1B. My H1 B got expired in 2011.
    Is i am still eligible for Cap exemption? My current employer is different from the one who has filed my H1 B.
    Also i do not have I797 & petition copy though i have I129. It was not given to me by employer. Is there a way to get the copy of I797 from USCIS ? How much time will it take to get the copy ?Is there any fastrack option ? Can anybody help me with the trusted attorney reference who can help in getting the I797 ? I am currently not in USA.

  • #2
    Originally posted by csharm View Post
    I have got H1 B in the year 2008 . I have been in US for 4 months and returned back to India and not traveled again on H1B. My H1 B got expired in 2011.
    Is i am still eligible for Cap exemption? My current employer is different from the one who has filed my H1 B.
    Also i do not have I797 & petition copy though i have I129. It was not given to me by employer. Is there a way to get the copy of I797 from USCIS ? How much time will it take to get the copy ?Is there any fastrack option ? Can anybody help me with the trusted attorney reference who can help in getting the I797 ? I am currently not in USA.


    2008 was over 6 Years back. I do not think you are cap exempt.

    This is my opinion not legal advice.

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