L1 to H1b cos without approval notice

[vipul4group]

Hello!

This is Vipul from USA. I have been in USA for 3+ years on L1B visa.

Last year my L1B extension was applied and it was approved till Dec-2013.

My current employer has applied for H1b Normal (without COS) on May-2012.

I can see receipt # provided on Intranet site.

But do not see original receipt notice uploaded on intranet. I assume they are not providing those documents to employee.

Now my question is :-

1) if H1b petition is approved; Can other employer file L1 to H1b COS based on approved petition(cap-exempt) by current employer?

2) If I don't have copy of receipt notice or approval notice; does it work with only receipt #?

Thanks for your valuable advice in advance.

-Vipul

[livliv]

Technically receipt number is sufficient, but some employer insist on seeing the physical receipt notice or approval notice.

[wiweq]

1) if H1b petition is approved; Can other employer file L1 to H1b COS based on approved petition(cap-exempt) by current employer?

=> Yes, if you are counted once towards quota, you are cap expemted for next 6 years H1b stay.

2) If I don't have copy of receipt notice or approval notice; does it work with only receipt #?

=> Technically receipt no is good enough for filing new H1b, but employers ask for the copy of I797 to make sure that you are giving them correct receipt no. More questions/ doubts, let us know.

[vipul4group]

@wiweq, livliv, Thank you very much for quick reply!

Is there any option; I can bypass my current employer and get duplicate I797 approval notice through USCIS?

I have been reading about I-824 and FOIA G-639. But not sure whether beneficiary can file it or not?

-Vipul

[mrcoolbuddy]

@wiweq, livliv, Thank you very much for quick reply!

Is there any option; I can bypass my current employer and get duplicate I797 approval notice through USCIS?

NO

I have been reading about I-824 and FOIA G-639. But not sure whether beneficiary can file it or not?

No, Beneficiary cannot apply these. I think its I-624

-Vipul

[livliv]

No, only your employer can provide you with that.

[vipul4group]

@wiweq, livliv, Thank you very much for all help!

[0407]

Hi vipul4group,

Were you able to transfer H1B based on just receipt number? I am in a similar situation.