Employer not sending over original I797 - is it possible to transfer H1B?


My H1b petition has been approved, however, my current employer has not sent me the original I797 (although he sent me a scanned copy of it).

The employer informed me that there is an enquiry from USCIS raised (under 221G), and therefore I cannot get the VISA stamped (due to which he is not sending me I797).

I have approached another employer who is ready to transfer the petition. Do I still need the original I797 from the earlier employer in order to stamp my VISA?

You do not need the original I797 to use it to file a cap-exempt petition. In fact you don’t need the original even for your VISA interview at the consulate. Scanned copy is enough.

Just to clarify - the employer informed that a candidate had gone to visit US Consulate for stamping the VISA got the 221G. The reason is that the employer’s client has gone bankrupt.