I-797B and I-797A expiry dates

[randymamola]

I was on L-1B visa with my employer. My H-1B (Consular Processing) petition was selected in lottery and was approved in 2020, and I received I-797B with 05/2022 expiration. This petition was approved for only 2 years because I had already spent 4 years on L-1B (years spent on L-1B gets counted for H-1B as well).

I later applied for CAP exempt Change of Status and received I-797A with I-94 with 05/2023 expiration.

I don't have H-1B visa stamp in my passport.

Should I file for H-1B extension petition before 05/2022 (I-797B expiry) or 05/2023 (I-797A and I-94 expiry)?

Thanks in advance for your suggestions.

[newacct]

When you say "I later applied for CAP exempt Change of Status and received I-797A with I-94 with 05/2023 expiration", you mean your employer filed I-129 H1b petition for you again, this time requesting Change of Status, and both the petition and Change of Status were approved (thus giving you an I-797A)? If so, since that was a petition approval, it means your H1b petition is expiring 05/2023, and only then do you need to renew it.

[randymamola]

Thanks a lot for the response!

When you say "I later applied for CAP exempt Change of Status and received I-797A with I-94 with 05/2023 expiration", you mean your employer filed I-129 H1b petition for you again, this time requesting Change of Status, and both the petition and Change of Status were approved (thus giving you an I-797A)?

Correct. Employer filed I-129 H-1B petition again, this time provided the petition receipt number from I-797B and requested for "Change of Status" (in part 2, questions 3 and 4 of I-129). Yes, both new I-129 and Change of Status were approved and I received I-797A with I-94.

If so, since that was a petition approval, it means your H1b petition is expiring 05/2023, and only then do you need to renew it.

Thanks! So, I-797A supersedes I-797B in this case.