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Question

Hi, I have an unused I-797B Approval Notice that was issued in 2013. The validity was from 10/1/23 to 8/23/2016. The notice was issued when I was working for company A. That said, I never got my H1B stamped and left company A to join company B. Company B applied for my L1A, and I entered US in July, 2015. In 2017 I left company B to study MBA at a renowned US university. My visa status changed from L1A to F1. As I was about to complete my MBA in 2018, I applied for an OPT. The OPT ended on June 29, 2019., i.e. yesterday. I am currently working for a tech company at San Jose. Since the OPT has ended, I am going back to India through the intra-company transfer process. My question is whether my current employer can use the old I-797B to file a new Cap-Exempt H1B petition. What are the chances of an RFE as my H1B status was never activated? I know that there can be multiple other reasons for the issuance of RFE, but can it be issued to me just because I never entered US on H1B. My I -797B has still not been revoked by my previous employer.

User's Location: Milpitas, Alabama, United States of America

Category: Employment-based Green Card