H4 to H1 - Using Receipt Number

[neha2508]

Last year in March I Came to US on H4 and one of the company filed my H1B and shared the Receipt Number. Then before getting approval I traveled to INDIA and came back on H4 again in June. After that from August end i can see that receipt number is at Approved status on USCIS. My Employer is now not sharing the petition and not even filing the COS(H4 to H1) for me . So I am Having few Questions :-

1- Can i go for H1B transfer with any other company only on the basis of Receipt No ?

2- Does the other company needs to file COS separately or it will be a part of H1B transfer ?

3- Is there any way I can take my I-797 form my employer or USCIS ?

Please someone update me on this at urgent basis . I will be highly thankful.

[kadkhiq81]

H4 to H1 - Using Receipt Number

Do you have a receipt copy or just the receipt no? Because the receipt copy would have your name and the new employer would be much comfortable to transfer.

Hope, they can apply COS together and once it is approved, you can start working from the start date.

This is my opinion

[kadkhiq81]

H4 to H1 - Using Receipt Number

Btw, You cannot get the h1 approval from them or from USCIS as they own the petition.

[neha2508]

H4 to H1 - Using Receipt Number

Hi Kadkiq,

thanks for the update. I am only having the receipt number. So what are the chances ?

Thanks

Do you have a receipt copy or just the receipt no? Because the receipt copy would have your name and the new employer would be much comfortable to transfer.

Hope, they can apply COS together and once it is approved, you can start working from the start date.

This is my opinion

[kadkhiq81]

H4 to H1 - Using Receipt Number

In that case, it's purely depend on your new employer to take a call whether they can proceed just with the receipt no or not. AFAIK, it's possible to transfer but your new employer would be the right person to decide upon.

This is my opinion.