H1 - Papers with Employer

[vidya1979]

Hi,

I have a situation for which I needed advice:
Background: Company A did my H1 in 2008 as a COS. Since I was working with another company then, I used the Leap Frog Rule and went out the US as of Oct 1st and came back on my L1. I worked till Jun'09 on my L1 and then did a COS to my husband's L2 (with EAD).

Question: Now, I want to start working on my EAD, get payslips and get my H1 stamped. I have requested my employer to send me my papers, but he refuses to send the same. Is there anything I can do to get the papers?

[shervin143]

H1B is employer's petition. If they refuse to give you the petition, then there is nothing much you could do. You can find a new employer and file a fresh H1B in April. If the H1B petition is still valid, then if you have the receipt number, then you can do a transfer to another company with that receipt, so that you don't have to go through H1B quota again.

[vidya1979]

Transfer using receipt #?

Yes, I do have the receipt number though I do not have the I797 form with me. Is it possible to do a transfer using a receipt number alone without the actual form?

[shervin143]

Possible, if you are very sure that receipt number belongs to you. This will serve as a proof that you are already CAP counted.

Yes, I do have the receipt number though I do not have the I797 form with me. Is it possible to do a transfer using a receipt number alone without the actual form?

[vidya1979]

Thanks. What would be the steps/documents to have handy to get the H1 stamped using only the receipt number, without the notice paper? Would they not ask for the I797 notice when I go to the visa consulate?

[shervin143]

What are you talking about? Receipt number works only for a transfer, not for visa stamping. You cannot go fo rthe visa interview with just the receipt number. With the previous receipt number, your current employer need to apply a new H1B. The only benefit is that you don't have to wait until April to apply in a new CAP since you are already CAP counted. Once the H1B petition from the new employer gets approved, you can go for stamping with the new approval notice.

Here are the documents for H1B visa interview.

https://www.immihelp.com/h1-visa-stamping-documents/

Thanks. What would be the steps/documents to have handy to get the H1 stamped using only the receipt number, without the notice paper? Would they not ask for the I797 notice when I go to the visa consulate?