H1-B case was approved 2nd September 2021 as per USCIS portal status but not received I-797B. So I was unable to complete the stamping process and never worked. Is that case allowed to be transferred by the new employer without I-797B?

USA H1B Visa
1

Kindly advise on the below situation.

Regarding H1B visa application.

H1-B case approved 2nd September 2021 as per USCIS portal status but not received I-797B. So I was unable to complete the stamping process and never worked.

Later the attorney filed I-824 for duplicate I797b. Still not received I797b but the employer company is closed. Is that case allowed to be transferred by the new employer without I-797B ?.

I have below documents

  1. selection notice

  2. Notice receipt I-797C

  3. Online case status-approved

  4. I-797B Not received from USCIS.

  5. I-824 applied for approval receipt notice.

2

Once you get the copy of approval notice, a new employer can file a cap-exempt H1B petition based onnprior approval. Most probably ot should be approved by USCIS.