H1B Cap exempt and filling FOIA (Freedom of Information Act)


I have H1B stamped in year 2008, but never travelled to USA.

I recently filed a new H1B petition (under new employer) under cap exempt in Sept 2014 (under permium processing).

I got the approval for 3 more years i.e till 2017.

Now my new employer is not willing to share the orirginal I-797 petition and is not picking calls.

I have the reciept number (EAC…) for I-797.

I filled FOIA to get the copy of I-129 petiton and if the petition is approved (the copies will be stamped with an Approved stamp on it).


  1. Can i file new h1b petition under cap exempt using the copy of I-129 petition and a printout of i-797 from USICS website ?

Hi Sir,

Did you get the H1b approval notice I-797B through FOIA ? Please share your experience it will be helpful for us. Even I’m also planning to apply for the same.

Thanks in advance.