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Employer not giving Immigration papers

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  • Employer not giving Immigration papers

    Hello,

    I got my H1B filed last year and it got approved a month ago.
    I'm asking the employer to send me the immigration papers and he is not sending them to me. I just want to be sure that the appoved H1 has not come with COS.

    I asked for I797C form just to be sure that the receipt number belong to my case, he sent it and indeed the receipt number is mine.

    Could I file a DOL complaint against them ?

    Thanks.

  • #2
    Originally posted by samri
    Could I file a DOL complaint against them ?
    On what basis? If it was a COS, you are screwed anyway (for illegal work with L1) and so is the employer as they must pay you. COS is a big time killer to L1 people. The earlier you realize that, the better.

    To all L1 aspiring H1bs, do not provide the I-94 copy to the employers for filing H1b. Without that, they can never file for a COS.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Yes, I understand.
      I used the last action rule to void the COS by travelling out and coming back to the US with new I94 on L1B visa. I'm still working on L1B visa.

      Is this legal tobe working on L1B visa ?

      In this case, can I complain the DOL to get my immigration papers ?

      Comment


      • #4
        DOL has nothing to do with immigration papers. The employer need not provide anything as H1b is their petition and they own it.

        If you entered on L1 after the H1b approval effective date of Oct 1st, you can work on L1.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          I travelled on the pending petition and after I came back to the US with new I94, the H1 got approved.
          So I need to confirm if the H1 was COS or not.
          I paid for my H1 and I know that it was illegal.

          Comment

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