H1B petition and FOIA

I had my H1 petition approved on Sep-2012. I could not get it stamped. I came for my higher education to US and found a job. Can I use my previously approved H1 petition by asking attorney to file FOIA?

Why do you need to file FOIA? Do you not know the receipt number of the previous approval?

Hi Saurabh
My previous employer did not give my H1 petition number.
I heard my future employer can file FOIA and get a CAP exempt when they file a new H1 petition. Is that so?

They can apply FOIA to get the receipt number. I think USCIS would share copy of filed I-129 which would contain the receipt number. They can then use this receipt number to file the new cap-exempt petition.

Thanks for answering. One last question. I got the approval mail on Sep 2012 and was told that H1 expires on December 2014. If my new employer file H1 in 2017, will it be valid only for the remaining period i.e. till end of 2017 or can I get it extended further?

If applied in 2017, the employer can still ask for a fresh 3 year term. You still have 6 years of H-1 left as you have not been to US on H-1 yet.

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.