Employer not giving I797A


garggautam

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I had filed H1B Visa through a consultant in 2008, the petition was approved, but I never got it stamped.

I have the H1 receipt number but employer did not provide me with I797A. He is not responding to my requests for I797A now.

 

Can I file H1 under cap exempt category using just my receipt number?

Can I take any legal action against the employer for not providing me with I797A?

 

 

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I had filed H1B Visa through a consultant in 2008, the petition was approved, but I never got it stamped.

I have the H1 receipt number but employer did not provide me with I797A. He is not responding to my requests for I797A now.

 

Can I file H1 under cap exempt category using just my receipt number?

Can I take any legal action against the employer for not providing me with I797A?

Yes you can. Only receipt number should be enough as well. Talk to new company's attorney.

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