have some queries for my approved H1B


New Member
Here is my scenario: I am working in India and had never been to USA. But my H1B got approved in the 2015-2016 quota and my consultant employer ABC took care of ALL filing formalities. Now my employer ABC is not responding and is unwilling to send me the Original or even the Copy of I797 in order for me to go to US consulate in India and get the H1B stamping. My questions are,

1. If the current employer ABC is NOT responding, Is there anyways I can have another employer XYZ to file an H1B transfer for me and receive the New I797 after potential approval and then apply for first H1B stamping in India? I had never worked for employer ABC and cannot provide any paystubs to present to employer XYZ or US consulate. I do NOT have original or copy of I797 from employer ABC. All I have from the employer ABC is just an EACXXXXXX filing number.

2. My wife is in USA already on an H1B visa. Can I apply H4 visa now and come to USA and then file a H1B Transfer? Do I subject to H1B Cap? Again, I do not have the original or copy of I797 from employer ABC

3. is there any risks associated with #2 above? When I file the I539 change of status, will my 797 come with I94 so that I don’t have to go to home country for H1B stamping.