Is this new H1 petition or considered a H1transfer?

h1bquota

New Member
Hi,
I am currently on H4 and got my H1 filed through a company. By God's grace, got my H1 through lottery. However, I don't want to join this employer and has an offer from another organization. But this old employer is not willing to give the original I129 to us and insists on working with him only.
a. If I have to join this second organization, does she need the original approved I-797?
b. Is this considered a H1-transfer or new H1? I read in many places, you need paystub. But for me, the employment will start only on oct1st and so will not have any paystub at all. Could this be filing for a new H1 petition?
c. In any case (transfer or new), do we need the original I-797?
d. Is it possible to get a duplicate with only the receipt number if we need the I797 copy?
Your answers will be very much helpful.
regards
 
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