How I can get my previous H1B papers from my previous employer?

UPDATED: Sep 21, 2012

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How I can get my previous H1B papers from my previous employer?

I had an H1B from my previous employer (reputed US based MNC) which was expired just over a year ago and I never travelled or get it stamped from India. Instead, I came to US about 2 1/2 years ago on an L1B for the same previous employer. But recently I got my H1B transferred cap exempt to a new employer (reputed US based MNC) on the basis of the previous H1B receipt number. I am planning to go to India and get my new H1-B stamped in seeral months. So, I was wondering if the US consulate would require my previous H1-B papers, which I don’t have, except the receipt number; my previous employer is not ready to provide me the previous H1-B papers.

Asked on September 21, 2012 under Immigration Law, Illinois


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you should not need to present your previous H-1B paperwork since it is not relevant at this point as you will be applying for a H-1B on the basis of the new employer H-1B visa petition.  If you got the H-1B petition approved not subject to the cap, that means that somewhere in the application there was a case number or copy of the approval notice of the initial H-1B visa petition.

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