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  • H1 Visa transfer

    I have a valid H1B visa stamped on 2012,March by company X.I went to USA on 2012 and returned on 2013.Now I work for company Y.my new employer wants to transfer H1B.I have petition number,But I-797 is not with me.How can I get a duplicate copy of I-797?Is receipt number enough for Visa transfer.
    Last edited by Shreyashi_28; 06-22-2015, 01:18 AM.

  • #2
    The receipt number in most cases is enough to file the transfer. You cannot get a duplicate copy of I-797 from USCIS. Only the employer who filed the petition can request it. Are you saying that you didn't even care to take a photocopy of such an important document? USCIS asks for copies of all previous approval notices while filing any new petitions with them. If you absolutely cannot provide a copy of the previous approval notice, then you can try with just the receipt number.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Hi,Thanks for prompt reply.I lost the I-797 unfortunately.I am seeing in some blogs/Forums about FOIA (The Freedom of Information Act).If I make a request,Then can I get any fruitful result for this?Like I-94 I-129 etc will that help me to provide employer 'Y',so that they can transfer easily.

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      • #4
        In most cases, you won't get a duplicate copy of your H1B approval notice through FOIA. H1B petition is employer's petition and only employer can request it. But you can certainly give it a try. Also, there is no premium for FOIA. It will take anywhere between 6 to 12 months to get the documents through FOIA.

        Originally posted by Shreyashi_28 View Post
        Hi,Thanks for prompt reply.I lost the I-797 unfortunately.I am seeing in some blogs/Forums about FOIA (The Freedom of Information Act).If I make a request,Then can I get any fruitful result for this?Like I-94 I-129 etc will that help me to provide employer 'Y',so that they can transfer easily.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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