H1b petition approved, however no information provided by employer

[hriship3]

Hello all,

Would request for some help here.

My wife went to work in USA on H1B in July 2014. I had resigned from my company to go to USA on H4 for further studies in 2014 January. I reverted my resignation since my company agreed to file my H1B which got approved in September 2014.

Now since my company has been on a dry run there are no projects for sending new employees on H1B to USA. It has been almost 1.5 years since my wife has been to USA.

1) There has been no stamping done since the projects dried up
2) My company has not provided any receipt/file number of the petition, when asked they said they dont provide it. Of course they also have not provided my I797.

My questions here:

1) Is there a way to get my receipt/file number or copy of I797 from my existing employer in case if I am ready to pay for expenses incurred to the company?
2) Is H1B transfer possible without having a receipt/file number?
3) What are my options to have my H1B transferred to a new employee supposedly if new employee agrees to file my H1B transfer petition?
4) If transfer is not possible (since no receipt number), and if a new employer (in USA) files my H1B would it be cap exempted?

Any help would be deeply appreciated.

Regards

[raghvi]

Hello all,

Would request for some help here.

My wife went to work in USA on H1B in July 2014. I had resigned from my company to go to USA on H4 for further studies in 2014 January. I reverted my resignation since my company agreed to file my H1B which got approved in September 2014.

Now since my company has been on a dry run there are no projects for sending new employees on H1B to USA. It has been almost 1.5 years since my wife has been to USA.

1) There has been no stamping done since the projects dried up
2) My company has not provided any receipt/file number of the petition, when asked they said they dont provide it. Of course they also have not provided my I797.

My questions here:

1) Is there a way to get my receipt/file number or copy of I797 from my existing employer in case if I am ready to pay for expenses incurred to the company?
2) Is H1B transfer possible without having a receipt/file number?
3) What are my options to have my H1B transferred to a new employee supposedly if new employee agrees to file my H1B transfer petition?
4) If transfer is not possible (since no receipt number), and if a new employer (in USA) files my H1B would it be cap exempted?

Any help would be deeply appreciated.

Regards

1. Its illegal to pay for one's H1.
2. No.
3. You first need to get hold of the petition/receipt number without that you cannot do a "transfer".
4. Without receipt/petition it would not be cap exempt and you need to be part of fresh cap which will open again only in April 2016.

This is my opinion not legal advice.

[hriship3]

Thanks for the reply raghvi

In that case I had few more queries

1) Can I get legal help from immigration attorney (India) for having my employer provide me the receipt number?
2) If I somehow get the receipt number, then can my new employer file H1B at anytime of the year since it would be cap exempted ?

[raghvi]

Thanks for the reply raghvi

In that case I had few more queries

1) Can I get legal help from immigration attorney (India) for having my employer provide me the receipt number?
2) If I somehow get the receipt number, then can my new employer file H1B at anytime of the year since it would be cap exempted ?

1. Technically there is no legal basis on which you can force employer to give you the receipt number/approval notice after all its their petition. There is a longer way of invoking the FOIA (freedom of Information Act) to get the petition details but dont know if anyone has had success while trying to do so from outside US.

2. Yes if you get the receipt number it could be possible.

This is my opinion not legal advice.

[hriship3]

I have finally managed to get a soft copy of I797 approval, which also has the receipt number.

I have few questions before I move further with my decision just to be on safer side and confirmation:

1) Can I use this receipt number/soft copy to help transfer my petition to different employer based in India or USA (preferably USA)?
2) Since the petitioner is my current employer, is it necessary for me to stay with current employer (do not resign) until my would be new employer file a petition for transfer?

Please note that I have not traveled to USA and my passport is not stamped with Visa.

Regards