H1B case approved but did not get I797 for Stamping.

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My H1B case got approved in April 2023. My employer did not provide the I797 for me to go for stamping. Reason cited by my employer is that USCIS did not sent the I797 papers to them. 

Can I go for transfer to other/new employer with my H1B approval confirmation ( No I797 from the current employer & no stamping). 

Is it possible for a new employer to file for another/fresh I797 for my case that is approved already.  Please advise. 

Thank you

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  • 1 month later...

Thank you . Actually, my H1B receipt number/case got approved last year in Apr 2023. Due to some reason, no document (I797B) was shared by my employer for me to go for stamping. Is there any provision to find/get the approval notice (I797B) directly from USCIS when employer refuses to share documents ? If so please could you let me know the procedure ?

When I checked in Freedom of Information Act (FOIA) portal on the whereabouts of the I797B, I was told, no such document is found. Please see the screen shot below. What does this response mean ? 

The case is approved but no approval document found. Are there any scenario where the approved document is not found due to employer's non-fulfillment of requirement ? 


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