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 , saying it might be lost or disregarded how should i proceed ????
3) Suppose he lost the approval notice in that case Can i get a copy of my approval notice from USCIS ???

[salshaik]

Below are the answers for your questions.
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, Once you are approved, you will not be counted under cap.The approval does not mean you are in H1B status. The approval counts for the 65000 H1B cap count.
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 , saying it might be lost or disregarded how should i proceed ????
This is the standard answer from most of the employers just to make money. Negotiate with Him.If i were you, I would not even bother about it as the cap is not yet reached.
3) Suppose he lost the approval notice in that case Can i get a copy of my approval notice from USCIS ???
Talk to company A attorney.

Hope this will help.

Thanks,
Salauddin

[NANCY123]

Thanks for your reply Salauddin

[100mya]

I am not sure but please check with the Attorney or HR of company A, if your previous H1b is expired its of no use. You need to apply for a fresh H1 all together. So your point number 2 and 3 is not required. Again this is just as per my knowledge and i may be wrong. If you happen to know that I am wrong please post what happened to your case.

Originally Posted by 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 , saying it might be lost or disregarded how should i proceed ????
3) Suppose he lost the approval notice in that case Can i get a copy of my approval notice from USCIS ???