My company is asking to submit original H1B petition if i need an experience letter

[tarun_s]

Hello Friends,

I am working in one IT company since 5 years. I have an approved H1B petition sponspored by my company. I have resigned from the company and my relieving date is too near. Now, the company is asking me to submit an original petition if i need an experience letter. They want to cancel my petition actually. Please clarify my following queries:
1. Does the company have an authority to cancel my petition as it is on my name?
2. If i don't give an original copy of petition, does the company can still cancel my petition?
3. If the company cancels my petition, does the new employer can still transfer it on it's name?
4. What would be the impact if i don't submit an original petition?

Friends, apart from clarifying my queries, please suggest what should i do in this situation?

Thanks in advance.

Regards,
Tarun

[raghvi]

Hello Friends,

I am working in one IT company since 5 years. I have an approved H1B petition sponspored by my company. I have resigned from the company and my relieving date is too near. Now, the company is asking me to submit an original petition if i need an experience letter. They want to cancel my petition actually. Please clarify my following queries:
1. Does the company have an authority to cancel my petition as it is on my name?
2. If i don't give an original copy of petition, does the company can still cancel my petition?
3. If the company cancels my petition, does the new employer can still transfer it on it's name?
4. What would be the impact if i don't submit an original petition?

Friends, apart from clarifying my queries, please suggest what should i do in this situation?

Thanks in advance.

Regards,
Tarun

1. Yes, it might have your name but it is actually Organization's petition.
2. Why dont you keep a copy and submit them the original?
3. The new company should be able to do so using a copy of the existing approval notice.
4. As company says they would not give you your experience letter.

This is my opinion not legal advice.

[haidmo]

Stupid question, but would you not have already applied for transfer and got it approved even before you resigned from your current employer?

[raghvi]

Stupid question, but would you not have already applied for transfer and got it approved even before you resigned from your current employer?

Well that is the ideal situation while one is in US. But while one is outside US and wants to quit the employer without losing the opportunity of being cap counted one has to ensure that one gets both the experience certificate as well as the option of transferring the lucky H1 lottery selection.

This is my opinion not legal advice.