How to get I797?

Hi Friends,

My H1B petition was filed by company A and it was approved in 2014. Due to personal reasons, I didn’t proceed for stamping with company A.I then switched to a large MNC B and B is interested in H1B transfer but they are asking for my I-797 of my approved H1B petition.As I didn’t agree to the terms of A, they didn’t share any documents except the receipt no.However, I used FOIA and was able to get a copy of my approved H1B petition.In the cover letter response to my FOIA, USCIS stated that"We did not locate a copy of the I-797 Approval Notice document responsive to this request in theresponsive records; however, we did locate a copy of the approved I-129 petition."

Does that mean was there no I-797 dispatched in the first place? Or was it not archived and hence could not be located?How do I get hold of the I-797 without involving company A? Please let me know. Your suggestions/answers are highly appreciated and would enable me with the transfer.

I also read in Redbus2US and other immigration forums that receipt no. alone is sufficient for H1B transfer but my new company B is insisting on that.

Thanks in advance.


Hi Saurabh,

Could you please answer my question?


Why don’t you just ask A if they can give you a copy?

Hi. Thanks for your reply. A is not approachable. They are not sharing any info since I declined to join them. Hence, wanted to know if there is any alternate without involving A.

Same with me… Anyone who can guide…

Also why employer asks for 797 … cant they transfer with I-129 which have name and approval stamp on it.

An employer asks for 797 to be sure that you have made through the lottery and were approved. If the employer trusts you, they can apply w/ just the receipt number and print out of online status showing it as approved. When USCIS reviews the petition, they can look-up their system to see the information about that receipt number and associated 797.