H1B Transfer without I129/LCA

[Sai1913]

Dear Members,

I was in USA for 3.5yrs. I was layedoff in may 2011 i,e., after my H1B extension in 2010. Right now I am in India. Now I got a offer to work with a good company and willing to file new H1B. I have the original I 797A but not I129/LCA. My ex employer is not Interested in providing me with the paperwork I requested. Is there a possibility to file new H1B only with new I 797A.

Thanks in advance for your valuable answer/suggestion.

[SameerH1Bworker]

If your new employer files fresh H1B then you do not need any document from previous employer.

If your new employer files cap exempt H1B then you need just I-797A nothing else. Even without I-797A also works, in that case you need to have approved petition's number.