H1B Petition approved. But Could not get It from Employer.

[anup2606]

Hi,

My H1B petition got approved. USCIS send the approve petition to my employer. Due to some dispute. He is not sending the petition to me. I have two questions.

1) How can I get a copy of my approved petition?
2) Can I applied for a job to a different company with the same petition.

Appreciate your response.

Thanks,
Anup

[DMX17]

1) An H1 petition is an employer's petition. Your only source is your employer who filed the H1.

2) This question does not make sense. I mean you can apply to any employer for any job that you qualify ! If you want to transfer your H1 (that is file an H1 that is not subject to cap), you will need a approval notice I-797 copy or at least the Receipt number.

Are in the U.S. or your home country?

[anup2606]

H1B Petition approved. But Could not get It from Employer.

Hi,

Thanks so much for your prompt reply. Really appreciated. Here is the whole scenario

I had got H1B in 2003. I came here in CA, USA on 16th Jan 2003. Went back to India on 13th June 2003. I came on L1B with my Family (Wife, Son on L2) on 23rd Feb 2006. Since then I am here in USA. Couple of months back when I tried to file my H1B thorough a small company. He suggested that we can renew your old H1B and it can be utilized for remaining 3.5 years.

He went for fast track filing. I got mine and my family H1B/H4 petition approved on 14th April by USCSI. My employer received the copy of petition. Now he is forcing me to join him ASAP. Which I don’t want.

I have the receipt number of H4 petition for my wife. But he did not give me the petition number of mine. Stamping has not done yet.

So, Situation here is

What I know is, the person need to have at least two pay stub before leaving the company who has filed his/her H1B and I have couple of offers from IBM & Wipro.
1) Is there any possibility to use my renewed H1B petition to join these companies?
2) If yes, how can get a copy of my H1B petition from USCSI.

What I know is, the person need to have at least two pay stub before leaving the company who has filed his/her H1B.

Thanks in advance for your help!!

Anup

[DMX17]

You cannot use the renewed petition as it is. The H1 petition is employer specific. Your new employer will have to apply for a new H1 petition for you which will not counted in the cap, given you have the required documents. You cannot get a copy of the H1 approval notice from USCIS because they only deal with the employer like I said before.


The small company most likely applied for H1 with a Change of Status (COS) from L1B to H1B (along with the respective COSs for dependents). The H1 approval notice comes with an attached I-94 for the H1 status. This type of petition with COS changes your status from L1 to H1 once your petition is approved. Ideally, you should have joined your small company upon approval since you are in H1 status and cannot continue to work for the L1 employer.

If possible, start working for small company till you get a pay stub. Remember, you must get paid all the time on H1.

Then, you can apply for another H1 with either IBM or Wipro (pick the one you like the most). This time, it's going to be an H1 transfer (change of emplyer) and you should be able to use the H1 visa stamp that you have in your passport from 2003 to prove that you were counted in cap in the past. There might be an RFE asking for pay stubs from the small company, though. In this case, you can provide the pay stubs from the small company.

Just suggested a possibility.

[v_eshwar]

L1-H1 and L2-H1

Hi,

I have couple of scenarios and I request for your quick response.

Case 1:
I am in L1-B visa through Company A and I-94 is valid till March 2011. I also have my H1-B petition approved through the same company A and petition is valid till June 2011. I do not have the petition with me, but I have the petition EAC number with me. I am still in L1 and currently in USA. My question is:

Can a company B give me a job and do a COS from L1 to H1 that I got through company A without the copy of the petition, I have the petition number though?

Since I have the petition number, Is it possible for me to apply USCIS for a duplicate copy of the petition? Is yes, what is the procedure?

Case 2:
My wife had her H1B visa stamped through a company C and valid till March 2010. She never travelled to USA with that visa. But in between we got married and she has to quit company C and join me in L2. Company C cancelled her H1B visa. My question is:

If a company D is willing to provide her a job, can she revoke the cancelled H1B from company C and then apply for an extension too, since it is expiring on March 2010?

Kindly reply ASAP.

Thanks in Advance!!!

[shervin143]

See below.

Hi,

I have couple of scenarios and I request for your quick response.

Case 1:
I am in L1-B visa through Company A and I-94 is valid till March 2011. I also have my H1-B petition approved through the same company A and petition is valid till June 2011. I do not have the petition with me, but I have the petition EAC number with me. I am still in L1 and currently in USA. My question is:

Can a company B give me a job and do a COS from L1 to H1 that I got through company A without the copy of the petition, I have the petition number though?
>>>> You don't even need the previous H1B approval notice. The CAP is still open. So, Company B can file a new H1B petition on your behalf. The procedure for a transfer / new H1B is the same. For transfer, you need the receipt number from the approval notice.

Since I have the petition number, Is it possible for me to apply USCIS for a duplicate copy of the petition? Is yes, what is the procedure?
>>>> H1B is an employer's petition. The duplicate copy can be requested only by the employer.

Case 2:
My wife had her H1B visa stamped through a company C and valid till March 2010. She never travelled to USA with that visa. But in between we got married and she has to quit company C and join me in L2. Company C cancelled her H1B visa. My question is:

If a company D is willing to provide her a job, can she revoke the cancelled H1B from company C and then apply for an extension too, since it is expiring on March 2010?
>>>> The only option that she has is either file for a transfer or apply for a new H1B with Company D.

Kindly reply ASAP.

Thanks in Advance!!!

[v_eshwar]

See below.

Thanks a lot Shervin143!

For Case 1: If I apply for the CAP How long does it take for approval, lets say I am applying in Jan-10-2010.

[shervin143]

If the H1B CAP (quota) remains open by that time, then it will take approximately 2-3 months to get the H1B approval by normal process and 15 days by premium process.

[abhayg4]

Hi,

As per the latest news update - now only 800 left out of 65,000 quota , which they believe will be over by this month end.
So if you are planning to file under the quota then need to do it fast.

Thanks and regards,
Abhay

[v_eshwar]

Thank you for your reply! How much will be the extra amount for premium processing?

[shervin143]

Additional $1000.

Thank you for your reply! How much will be the extra amount for premium processing?

[Biswa06]

Hi

Hi...my scenario is, I had an H1B with which I travelled to US and stayed there for around one and half years for company A..Then I joined company B who again filed my H1B (Not sure whether they did it NOT subjected to CAP)..But I didn't travelled with the H1B filed by company B ..Neither got it stamped....presently I am working in Company C who is willing to file my H1B NOT subjected to CAP...I have two questions here..

1. How many times a H1B can be filed NOT subjected to CAP( in 6 years as I know the maximum tenure to file is 6 years).

2. Company C is asking me to get the approval notice from Company B whereas they have just provided me the recepit number and not willing to share the approval notice. Will it cause any issue? I have all the necessary documents for the visa filed with company A with which I travelled.

Thanks,
Biswa

[shervin143]

1. How many times a H1B can be filed NOT subjected to CAP( in 6 years as I know the maximum tenure to file is 6 years).
>>> It can be filed any number of times as long as the CAP remains valid (H1B CAP is valid for 6 years) and as long as you haven't utilized all 6 years in your H1B period.

2. Company C is asking me to get the approval notice from Company B whereas they have just provided me the recepit number and not willing to share the approval notice. Will it cause any issue?
>>> No issues. A copy of the approval notice from A is enough to prove that you are CAP counted.

I have all the necessary documents for the visa filed with company A with which I travelled.
>>> That is enough.