H1B: Getting I-129 with FOIA

[Shrikant]

Hi,

I am kind of in different situation. I had H1B petition approved in 2015 but then I decided to pursue higher education and resigned so I never traveled with H1B visa.  I am currently on F1 student visa completing my education and I was wondering what is the best way to get copy of my H1B petition which I could use for H1B cab exempt next time I start working.

I tried FOIA but it had mixed information but they said no records found. Maybe because I-94 indicates I am on F1 and I am trying to access H1B documents. Maybe what exact information should I provide to my next attempt to get H1B petition (I-129)?

Any help would be of great help please.

 

Thanks!

[JoeF]

If you never got an H1 visa or worked for the employer in H1 status you are not considered counted in the quota. USCIS clarified that in 2015.

A new employer can file an H1 petition for you in April, for  start date of Oct. 1.

[GC_Visa]

If your petition was selected in lottery you can definitely use it. I had another employer file a cap-exempt petition for me in 2016 after I was selected in lottery in 2015, I was in India and had never stamped the visa or travelled on H1B before. Even one of my friend did it for a petition which was approved in 2010.

But I am not sure how you can get the petition using FOIA. What is the exact response you got ?