H1 B recapture on expired petition

[krampra]

Hello,

My H1B petition was approved thru employer A in 2008. I went back to India in 2008 and did not go for Stamping. The petition expired in 2011.

My current employer (employer B) processed my L1B and I came back to USA in Nov, 2010. My L1B is valid till Aug 2013.

Meanwhile, I got another job offer now and that company has a preferred vendor (employer C) to process H1.

Since the quota is over for 2013, employer C told that he can recapture my expired petition If I have the copy of my H1B Petition from 2008. But employer A is not ready to give me the copy of my petition.

My questions:

1. Is there any way, employer C can recapture the petition and process my H1B without the copy of the petition documents? I only have the petition number.

2. If employer C does the recapturing without the knowledge of employer A, will employer A be notified from USCIS etc., and can employer A create any problem?

3. If something goes wrong with my H1B recapture process, what will happen to my L1B status?

Appreciate your help!

[wiweq]

"1. Is there any way, employer C can recapture the petition and process my H1B without the copy of the petition documents? I only have the petition number."

=> Lawfully, employer MUST give the lower part of I797 to the beneficiary. This part consists the receipt no, name of employer and I94. Keeping the poof of someone else' immigration status is another illegal activity. Report to ICE and ask them if they can help you.