Lost I129 petition documents

[jb_chowdary]

Hi Friends,

I have applied H1B via Company A in India in the year 2009 and got the visa stamped on my passport. But due some personal reasons I did not traveled to USA and the visa got expired in 2011. I resigned Company A and joined Company B in India. Now my recent employer Company B wants to file H1B process for the year 2016. The processing team is asking my previous petition copies like I129 document for CAP exemption.
Unfortunately, I lost my previous petition documents and do not have any copies except the visa that was expired. I have few questions below.

1. Am I eligible for H1B CAP exemption to process from Company B?
2. Is there any chance that I can get a copy of my old petition documents with my existing petition number on the visa stamped?

Appreciate your responses.

Thanks,
jb_chowdary

[raghvi]

Hi Friends,

I have applied H1B via Company A in India in the year 2009 and got the visa stamped on my passport. But due some personal reasons I did not traveled to USA and the visa got expired in 2011. I resigned Company A and joined Company B in India. Now my recent employer Company B wants to file H1B process for the year 2016. The processing team is asking my previous petition copies like I129 document for CAP exemption.
Unfortunately, I lost my previous petition documents and do not have any copies except the visa that was expired. I have few questions below.

1. Am I eligible for H1B CAP exemption to process from Company B?
2. Is there any chance that I can get a copy of my old petition documents with my existing petition number on the visa stamped?

Appreciate your responses.

Thanks,
jb_chowdary

1. Possible but without approval notice it would be difficult.
2. Difficult and time consuming. Even if you do try FOIA it can be time consuming. Dont know if they will entertain a FOIA if outside US.

This is my opinion not legal advice.