How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28404
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Type Your Immigration Law Question Here...
Judith Ludwic is online now
A new question is answered every 9 seconds

, I am venkat from india i have H1b approved and

Customer Question

Customer: Hi
JA: Thanks. Can you give me any more details about your issue?
Customer: I am venkat from india i have H1b approved and stamped having validity upto aug 2017 .. But i left the employer and joined a new organisation I dont have I797 and other document .. Is that possible do anything with the stamped H1B mam ..?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: ok mam
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Are you in the US and not working without an approved petition for the new employer?


Customer: replied 1 year ago.
i am not in US .. but i have a approved petition with receipt number
Expert:  Judith Ludwic replied 1 year ago.

Who are you wanting to come back to the US to work for? The petition whose I-797 you lost or a new employer??


Customer: replied 1 year ago.
The i 797 with old employer is not given to me.. is that possible to raise a new petition under without cap option by new employer ..? Attched my VISA copy .. Kindly have a look and let me know
Expert:  Judith Ludwic replied 1 year ago.

Thank you, ***** ***** have given my answer a positive rating, I am going to have this personal information attachment removed from the thread.

It is possible for the new petitioner to file a new employer petition and submit in lieu of the I-797 a copy of your visa stamp.

It contains all the information which appears on the I-797.

While the petition is pending you can also file form G-639 as a back-up and request from USCIS a copy of the approved I-129 ONLY.

Don't ask for anything else because it will delay a copy of the approved petition being sent to you.

I would do this for my client or have my client do it just as an insurance policy in case USCIS doesn't accept the visa stamp copy.

They should but sometimes USCIS does not always do the right thing.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.


Customer: replied 1 year ago.
ok .. is that possible to get the duplicate I797 ..? how much it cost .. ? .. possible to change the mailing address and get that ..?
Expert:  Judith Ludwic replied 1 year ago.

No you cannot get a duplicate I-797 but a duplicate copy of the approved petition works the same and is accepted in lieu of the I-797.

Sure you put the mailing address on the request form you want it sent to.

There is NO fee.


Related Immigration Law Questions