Is it possible to file h1b from employer x to y without any documents from previous company?

Question

My wife is currently on H4 visa and her h1b is approved. The employer is refusing to give documents related to the approval.

Can I request another company to file for a new h1b with old reciept number in Premium processing?

 

1. Will USCIS approve this without i-797?

2. Is it possible to file with reciept number and its proof of approval and then print out from USCIS website saying previous is not ready to share any documents?

Answer 1

company  owns the papers ... not your wife. They are required to give her a copy of the LCA and the new I-94 ... nothing else ... the rest is their property.