Karthikaec Posted January 9, 2020 Report Share Posted January 9, 2020 My H1b got approved on Jan 2018 but didnt go to stamping yet.A new company has acquired our previous one and the new employer is ready to file a H1B transfer.But the previous employer is not willing to share the approval copy.Can the new employer go ahead with the H1b transfer using the receipt number? I am currently working in India and its not yet stamped yet? Will the new employer face any issues if he applies for transfer without approval copy ? Quote Link to comment
cyberlord Posted January 10, 2020 Report Share Posted January 10, 2020 I think you will need atleast a soft copy of the approval notice. Also, if you haven't traveled on the H1 obtained through the previous employer, you may not be cap exempt. Please check this with attorney. Quote Link to comment
User099 Posted January 12, 2020 Report Share Posted January 12, 2020 Attorney's can use other options even though you don't have the I797 copy. Talk to your new employers attorney or immigration team to see how/what they plan on using if they don't have a I797 approval copy from previous employer. USCIS might issue an RFE for the missing I797, other than that no major issues. Quote Link to comment
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