h4 to h1, but empoyer not giving i797 copy/original that's already approved

[istalobaloba]

Hi,

My wife has come to US on h4 visa, as I'm already here in US on h1. Meantime, her h1b petition was filed and it's now approved. She has the petition number for h1b visa; But the employer who has filed the h1b petition is not giving the original or the copy of the petition approval notice.
Can she do a h1b transfer to another employer with just her h1b petition approval number? Or would she be required to stay on h4 visa only?

Can experts, please help me get an answer on this.
Thanks

[istalobaloba]

Guys, any comment on this?

[raghvi]

She can if she has the receipt number and the next employer is willing to port the H1B with just the receipt number. Some employer's insist on seeing the approval notice before trying for H1 portability.

This is my opinion not legal advice.

[istalobaloba]

She can if she has the receipt number and the next employer is willing to port the H1B with just the receipt number. Some employer's insist on seeing the approval notice before trying for H1 portability.

This is my opinion not legal advice.

Thanks for your view