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  • Do not have I-797 from employer

    Hi all,
    I have an interesting problem.
    An employer applied for my H1b in 2008 and it was approved while I was on OPT. The employer sent me a receipt number for it. But I did not get a copy of I797 from them.
    I did not work for them and soon moved back to India.
    They have been unresponsive to my calls and mails to send me the I797. I also dont know if the status is active or if it is revoked.
    So now my problem is that can I apply for a transfer of H1 to a new wmployer with only the receipt number? Or should I start the whle process with another employer.
    Any and all responses will be appreciated. Thanks.

  • #2
    If you know that receipt number belongs to you (for sure), then you can initialte a transfer using that receipt number. But if the employer gave you a wrong receipt number, then you are in trouble. That is why it is better to initiate the transfer with a copy of the old approval notice instead of relying on the receipt number given by the employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the clarification.
      I guess there is no way to check if the receipt number given to me is actually mine.

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      • #4
        There is no way other than to get it from the employer since H1B is employer's petition.

        Originally posted by jwoww View Post
        Thanks for the clarification.
        I guess there is no way to check if the receipt number given to me is actually mine.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks a lot for the info, shervin143

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