Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1 transfer without I-797

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1 transfer without I-797

    I got H1B in 2008 which is valid till sept 2011. Two months back I moved to H4. Last week, I got an offer with a reputed company and they are ready to file H1B transfer under premium processing. But I have lost I-797(H1B) form and even do not have the copy of it. All I have is the receipt number(took it from the stamped H1B visa in my passport), I-129 and LCA. My question is:
    1) Is receipt number sufficient for H1B transfer ?
    2) To get a new copy of I=797 in case if it gets lost,form I-824 needs to be filled. Can I apply for H1B transfer and I-824 together or Should I wait for I-824 processing before starting the H1B transfer or Can I go ahead for H1B transfer(only with the receipt number) without I-824 form.

    PS: My new employer wants me to be on board within a month.

    Early reply is highly appreciated.

  • #2
    You cannot file 824 to get duplicate notice, H1 is employer's petition and you are only a beneficiary.
    Your new employer can use the Visa, I-129 etc. to file a cap-exempt petition for you. Since your current status is H4, you cannot start working until new employer's petition gets approved.
    This is my opinion and not legal advice.

    Comment


    • #3
      1) Is receipt number sufficient for H1B transfer ?
      >>> Yes.

      2) To get a new copy of I=797 in case if it gets lost,form I-824 needs to be filled. Can I apply for H1B transfer and I-824 together or Should I wait for I-824 processing before starting the H1B transfer or Can I go ahead for H1B transfer(only with the receipt number) without I-824 form.
      >>> I-797 is an employer's document. Even if you file I-824, the duplicate copy will be sent to the employer or the lawyer.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        H1 transfer without approval notice

        I was in US on L1B visa through company A and went back to India soon before Oct 2013. Company B have filed H1b 2014 through CP and it is approved .If I don't wish to go for stamping after H1b approval notice then --
        --> There is somee issue with Company B so they will not provide me the I797 approval . Can I make H1b transfer without I797?
        -->Is it possible for company A to use my H1B (sponsored by Company B) later?
        -->If keep working on L1 with company A, can I transfer my H1B(company B) to company C later?

        Please help

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X