H1 got approved but never be on H1

[NANCY123]

My H1 B was filed in 2008 april , it got aproved in june 2008 in this time i was in india , then i moved to USA in july 2008 on H4 Visa , due to bad economy i didn't go for change of status ( H4 to H1) , so I never be on H1 and this approved H1 is expired on 2011, currently my status is H4 and now i have one offer in hand from some company A so my questions are.........

1) Can company A use my expired approval notice(I-797) for new H1 filing , so that my case will not fall under cap ???
2) In this whole period i never ask for my Approval notice from my employer and he too didn't send me any copy , now i asking my approval notice but he is not ready to provide that , how should i proceed ????

please help

[shervin143]

1) Can company A use my expired approval notice(I-797) for new H1 filing , so that my case will not fall under cap ???
>>> Yes.

2) In this whole period i never ask for my Approval notice from my employer and he too didn't send me any copy , now i asking my approval notice but he is not ready to provide that , how should i proceed ????
>>> Getting it from the employer is the only option. If they are not ready to give it to you, then there is nothing much you can do.

[NANCY123]

H1 got approved but never be on H1

Thanks shervin143 for your reply