Got in lottery but resigning before getting the petition to me

USA H1B Visa
1

Hi,

I have got receipt of lottery and waiting for petition, wants to know that if employer doesn’t hand over petition to me then would I loose my H1 or I may get it re-issued after I shift my company and get that transferred to new employers.

Thanks

2

If you leave H-1 employer, they can withdraw the petition. So make sure you don’t leave them before your H-1 is approved.

Now, when you move to new employer they would need to know at least the receipt number of approved petition for transferring H-1. If you don’t have it, you can try FOIA but not sure if it would be successful or not.

3

Thanks Saurabh for your response, I have one more question please

I have got the receipt so have got the receipt no. and I can wait for petition approval but not sure if they would share petition with me, so would it be a problem if I have receipt no. and not the petition with me.

Thanks

4

Usually new employer would ask for approval notice to be sure that receipt number belongs to you and is really approved.

If you have receipt number only, then employer will have to take your word for it. Some may take it, some may not. However, from USCIS perspective there is no issue as they can get all the details related to the receipt using the receipt number.

5

Thanks Saurabh, it means a scanned copy of petition would work for me, as by scanned copy I can assure new company that it is approved and I don’t need original copy of petition as they may provide me the scanned copy on request

6

If you have a scanned version of the approval notice, it as good as original approval notice; unless employer fears that you may forge the approval notice (unlikely).