Help me: Who can File I-824 for requesting a duplicate petition

[arjunmca]

Hi

My visa was rejected and petition sent back to USCIS. I dont want to wait till it reaffirms, so i would like to file a new petition. But i dont have a copy of i-797. I didn't take the copy of I-797 when i went for stamping. Visa officer issued 221g and hold my I-797 with him. After one and half year they told that my visa was refused and petition sent back to USCIS.

I would like to file new H1 and i dont want to come under 2012 H1b quota. My employer also not having that copy and he is not helping me to get it back by filing I-824 form to USCIS to request a duplicate copy of petition

My Questions are:

1) Who can file I-824 for my petition? Only my employer who filed initially ( or ) any employer ( or ) any immigration attorney.

2) Can a new employer file new H1b with the old petition

number ( I remember my old I-797 petition number EACxxxxxx.) or USCIS must required the copy of I-797 for

exempting the H1 cap?

Please suggest me. Thanks.

[ashukla]

I believe that you dont need a copy of your previous I797 while you are filing a new petition, because same thing happened with me first case was sent back to the USCIS (EVC), later on vendor filied for the new H1B in December but didnt asked me for previous I797 copy and it got approved, although you have number of your previous petition then certainly it can be used as a reference.

[ashukla]

Petition number is generated by the USCIS not by the employer so there is no way out that new employer can use this number for any purpose except as a reference for the approved petition. For cap exemption I am sure that it is not required that you should submit a copy of your previous approved petition.

[arjunmca]

@ashukla

Thanks for your response. I have the approved petition number which was generated by USCIS. With that number i am checking my case status in USCIS site. My case also sent back to USCIS for reaffirmation. Have you got any response from USCIS, how much time it takes for reaffirmation?

[arjunmca]

@ashukla,

Hi,

Do my old employer has to revoke my old petition, if i want to file a new petition with a new employer. As you know my case has been sent back to USCIS and i want to file again. Suppose if i file new H1, and if it didn't get approved then the old petition can reaffirm?

[ashukla]

@ashukla

Thanks for your response. I have the approved petition number which was generated by USCIS. With that number i am checking my case status in USCIS site. My case also sent back to USCIS for reaffirmation. Have you got any response from USCIS, how much time it takes for reaffirmation?

till date no update on the case which was sent to USCIS, it was recieved by them on 23 Nov 2011.

@ashukla,

Hi,

Do my old employer has to revoke my old petition, if i want to file a new petition with a new employer. As you know my case has been sent back to USCIS and i want to file again. Suppose if i file new H1, and if it didn't get approved then the old petition can reaffirm?

you dont need to revoke your first petition in this instance, same here my first petition is still pending with USCIS but second (new) petition got approved and I faced the VI on it.