H1 B employer not giving documents

[azuma214]

Hi,

Greetings. My employer is not giving H1-B documents (Form I179, petition documents) from 3 months. Every time I ask, employer says 2 days/ 3 days and postpone it.

How can I get documents from employer? Can I complain to Dept of Labor or Embassy? What is the right way to act on these kind of people so no one else be in the same position?

Do I need documents if I transfer my H1-B to another company or Another company can just file H1-B transfer and I don't need documents from previous company.

Note- I have a scanned copy of Form-I797 but not original.


Thank you in advance

[kadkhiq81]

H1 B employer not giving documents

Where are you currently located?

[azuma214]

H1 B employer not giving documents

I am in US on H-4 now. H1 is approved on October 2013, didn't do COS from H4 to H1 since employer is not giving documents.

[kadkhiq81]

H1 B employer not giving documents

You don't have to have original and you can transfer to another employer if you have a copy of your approved petition.

Try to apply through premium and you will get the results in 15 days. You don't have to go through all this again. I guess, You can also apply as a COS while you are transferring. I am not very sure on that.

This is my opinion.

[raghvi]

When you say your H1 was approved, you have to first find out if the H4 to H1 was filed as consular process or COS. If it was filed as COS you are probably already out of status.

If it was filed as consular process, then as mentioned by fellow member you can take the copy of the approved H1 petition and file a transfer to another employer.

If the employer is not willing to share those documents there is hardly anything you can do as legally speaking its the employer's petition.

This is my opinion not legal advice.

[azuma214]

H1 B employer not giving documents

Hi Raghvi,

H4 to H1 was not yet done. COS is not done. Still on H4.

Employer A is not giving h1 documents. According to USCIS, employee is legally obilized to have 1 set of documents and employer has 1 set of documents.

Question1:- I would like to transfer my H1 to employer B and then do COS. Do I need any documents from Employer A to do transfer of H1? I have scanned copy of Form I-797 but not original.

Second I don't want anyone else to go through this, so can I notify to DOL/ Embassy regarding Employer A?

[raghvi]

Employee needs to have a copy only if COS was done or the employee is attending visa interview at the consulate. You belong to neither of the category.

If you have a copy of the Notice of approval , yes you can use it to do a transfer.

As for complaint, what illegal thing has the employer done to provide a reason to complain to the DOL? If you can prove that they submitted any **** documents or are not fulfilling a promise made to you in written, yes you can probably complain. By the way, did you pay the h1 fees to the employer, if yes, then you yourself did something illegal.

This is my opinion not legal advice.

[azuma214]

H1 B employer not giving documents

Raghvi,

Employer in written said that they will file COS and we had 1 attorney meeting also. After few days when followed came to know that COS was dropped.

Employee realized and decided to move to B company and requested documents. Employer A in written said they will fedex documents in 2 days and after 30 days also I didn't receive documents.

It is illegal to pay for H1b processing and I know it. Second USCIS states that employee must have a copy of his/her petition as documentation. There is no harm of employee keeping his/her documents.

Employer said they will do COS and then later said we will give documents. In this process I lost months and kept in darkness of what is going on.

[raghvi]

Raghvi,

Employer in written said that they will file COS and we had 1 attorney meeting also. After few days when followed came to know that COS was dropped.

Employee realized and decided to move to B company and requested documents. Employer A in written said they will fedex documents in 2 days and after 30 days also I didn't receive documents.

It is illegal to pay for H1b processing and I know it. Second USCIS states that employee must have a copy of his/her petition as documentation. There is no harm of employee keeping his/her documents.

Employer said they will do COS and then later said we will give documents. In this process I lost months and kept in darkness of what is going on.

As far as I know the employer is not bound to provide you with the copy of the I 797. Also, the employee can always go back and say they dont have a job for you hence didnt file a COS. I know it doesnt sound fair, but the way employment is free will so is hiring, albeit within a framework, and I don't see much arguments in your favor to justify a case on the employer.

Maybe if you show the paperwork to an attorney they may be able to decide otherwise.

This is my opinion not legal advice.