H1 transfer without new I797


I am currently working with employer A, they filed extension on july 2015. Today I see that extension application is approved. I will receive the approved copy in 3-4 weeks.

I got another offer with employer B who is ready to do transfer. Do I need the approved I797 copy to apply for transfer? I have only the receipt number. B is not ready to wait for 4 weeks.


They can initiate the transfer using just the receipt notice. However, they need to show that you are currently in valid legal status which is proved through I-94 attached to approval notice. Talk to B’s attorney and ask them if they can file w/o it and may be include a letter stating that it has been approved and USCIS can check the I-94 in their system as approval notice copy is still awaited.