Missing copy of my Approved petition

[sj2003]

Hi,

I had my H1b Interview recently. During the interview the VO issues a 221(g) and kept all the petition documents including Original I797 and it copies. Later i realized that i do not have any copy of I-797 but i have copies of other documents(I-129 etc). Meanwhile i want to transfer my H1B through another employer. In this Case:

1) Can i email the consulate for providing a copy of my I-797?
2) Can i withdraw my H1B application following which they might return my documents?
3) Will the receipt number (WAC# ) along with I-129 be enough for this transfer?

My employer said they do not have any copied of my I-797.

Please suggest.

Thanks

[shervin143]

I had my H1b Interview recently. During the interview the VO issues a 221(g) and kept all the petition documents including Original I797 and it copies. Later i realized that i do not have any copy of I-797 but i have copies of other documents(I-129 etc). Meanwhile i want to transfer my H1B through another employer. In this Case:
>>> It is a very basic thing to have copies of I-797.

1) Can i email the consulate for providing a copy of my I-797?
>>> You can try. But I don't think that will take a photo copy and send it to you.

2) Can i withdraw my H1B application following which they might return my documents?
>>> Yes.

3) Will the receipt number (WAC# ) along with I-129 be enough for this transfer?
>>> Yes. But most employer will ask for a copy of the approval notice to be sure that receipt number belongs to you. There is a lot of money involved in filing a petition and most employer will not take a chance with the receipt number that you give them without solid evidence that it really belongs to you. If filed wrongly, they will loose the filing fees.

[sj2003]

H1B Withdrawal

Hi Shervin143,

Thanks very much for all your help! I really appreciate it.
However I had another couple of questions.

I am planning to withdraw my H1B Application which is pending Admin processing under 221(g). I plan to go for H4 stamping after that.
1) Is withdrawal of H1B visa application also considered as visa rejection? When i go for my H4 do i need to mention yes in DS-160 for "Have you been Denied US visa in last 12 months?"

2) What is the process to withdraw my Application from Kolkata consulate?

Thanks

[shervin143]

I am planning to withdraw my H1B Application which is pending Admin processing under 221(g). I plan to go for H4 stamping after that.
1) Is withdrawal of H1B visa application also considered as visa rejection? When i go for my H4 do i need to mention yes in DS-160 for "Have you been Denied US visa in last 12 months?"
>>> Yes, it is considered as visa rejection. Why do you want to withdraw the H1B visa application? You can still apply for H4 when H1B is under 221g.

2) What is the process to withdraw my Application from Kolkata consulate?
>>> Send a letter to the consulate staying that you would like to withdraw the visa application.