H1B transfer question - No stamping done.Cap exempt?

Hi Folks,

I working with Employer A In India and employer B(Staffing company) applied my fresh h1b first time in month of the april 2017. I got selected in the lottery and my petition was approved in June 2017. Now my employer is not willing to send me for stamping the visa because there are no new projects for me. (As per my employer). And they suggested me if you have any employer ready to hire you(Me) on C2C with(employer B)then are ready to do my stamping even I demanded for I797 they denied it and said we cannot provide I797 as per our company policy. Right now I have only H1B receipt number(EACXXXXXXXXXX). Can anyone suggest me on below questions.

  1. We can get I797 from USCIS based on only H1B receipt number? If yes How?
  2. Suppose we asked to USCIS for I797 then what we have to provide document to USCIS? In this matter USCIS interact with my employer(B who kept my H1B petition)?
  3. Do have rights to my employer(B who kept my H1B petition) to withdrawal my H1B?
  4. Based on only receipt number(EACXXXXXXXXXX) can we transfer H1B?
  5. What is best way to transfer my H1B as per my current position?
  6. Suppose It will be expired in ex. coming month Aug-20 or Oct-20 and still my stamping is not done then I have to again go in lottery?

If someone can guide me in this case I would be highly appreciate.

Thanks in advance.

No, you cannot get that. It is employer’s petition
Well, as you have not gone for stamping, it is slightly grey area…sometimes USCIS questions, if you had H1B status for transfer…
You have no rights to ask for approval notice, it is employer’s petition.
You can try to use the receipt notice and request for transfer, if someone is willing to give it a try…but as I said it is grey area
As I said, it is grey area…you maybe able to use it, even after expiry as cap exempt…unless, you try, you would not know

Thank you Kumar for you valuable time