Consultant witholding H1B I797 documents

[supra]

Hi All,

I applied to H1B visa from a company "B". My petition was approved but I opted to work with my existing company "A" as they've applied for my GC.

My current visa is L1B, I'll be completing 5Years on L1B next year in March. I may not have EAD by that time and I've to travel back.
So my company "A" suggested they can do file for COS to H1B if I can provide them H1 documents from company "B" as I am still under H1 cap.
This will allow me to stay for one additional year and by that time I'll get EAD.

Problem is company "B" is refusing to provide me my approved H1B 797 documents.

[ FYI: I've never joined or worked for company "B" ]

Please suggest how can I get H1B approved I797 form from company "B".

-
Warm Regards
Supra

[raghvi]

Hi All,

I applied to H1B visa from a company "B". My petition was approved but I opted to work with my existing company "A" as they've applied for my GC.

My current visa is L1B, I'll be completing 5Years on L1B next year in March. I may not have EAD by that time and I've to travel back.
So my company "A" suggested they can do file for COS to H1B if I can provide them H1 documents from company "B" as I am still under H1 cap.
This will allow me to stay for one additional year and by that time I'll get EAD.

Problem is company "B" is refusing to provide me my approved H1B 797 documents.

[ FYI: I've never joined or worked for company "B" ]

Please suggest how can I get H1B approved I797 form from company "B".

-
Warm Regards
Supra

Did you file H1 to B as COS or Consular process?

Technically its Company B's petition and they are not bound to give details of it to you.

This is my opinion not legal advice.

[supra]

Did you file H1 to B as COS or Consular process?

Technically its Company B's petition and they are not bound to give details of it to you.

This is my opinion not legal advice.

I was on L1B status working for company A when company B filed for L1B to H1 COS. I did a leap frog and retained my L1B status still working for company A.

Since I am under H1B cap and don't want to go through lottery process this year, that's why I would like to get I-797 form as required by USCIS for "H1 transfer".
All I've is electronic receipt for H1B approval confirmation, is that acceptable by USCIS to verify that I am under H1 cap ?

-
Warm Regards
Supra

[raghvi]

I was on L1B status working for company A when company B filed for L1B to H1 COS. I did a leap frog and retained my L1B status still working for company A.

Since I am under H1B cap and don't want to go through lottery process this year, that's why I would like to get I-797 form as required by USCIS for "H1 transfer".
All I've is electronic receipt for H1B approval confirmation, is that acceptable by USCIS to verify that I am under H1 cap ?

-
Warm Regards
Supra

Technically yes, but your company A and their attorneys should be comfortable to try to build the H1 Cap exempt petition with just the receipt number.

This is my opinion not legal advice.