Is H1 Transfer without I797 possible?


I got my H1 in 2008 through an Indian MNC and I travelled to USA for short term projects. I also got the visa extensions twice in 2011 & 2012 (two extensions). Overall, I stayed in USA for around 3.5 years. I returned back to India by end of 2013. I changed my organization and I’m trying to apply for a H1 transfer now. The new company says they need all the I797 form (Initiation & 2 extensions) to file a H1 transfer. Unfortunately, I got only the Initiation I797 form and I lost both the extension I797 forms. I know the petition numbers of all the three Visas.

My questions!!

  1. Is it mandatory to have the I797 form to file a H1 transfer?

  2. will providing the petition number and the case approved doc from USCIS help?

  3. Is there any other way to get the copies of I797 forms?

Please let me know.



Try contacting your old employer for copies. Or try an FoIA request. In theory the receipt number should be enough. But most lawyers/employers will ask for the document.

How much does H1 transfer cost?

Its basically a new h1, you can look the cost of that online. But thats mostly the employers responsibility anyways.