Duplicate H1-B Copy / I-797 Notice of Action

[monikv]

Hi
I have an H1-B and its approved. I have the petition #. My Employer is holding my H1-B copy.
He is not willing to provide me with my H1-B Copy unless I stay with him for 1 year.
1) I want to know ..Can I get a duplicate copy of H1-B / I-797 ( Notice Of Action ) from USCIS ?
2) If so, will it be valid to do an H1-B transfer to another employer.
3) Can I do an H1-B transfer with just the receipt # ?

Appreciate your quick response.

Regards
MK

[shervin143]

I have an H1-B and its approved. I have the petition #. My Employer is holding my H1-B copy.
He is not willing to provide me with my H1-B Copy unless I stay with him for 1 year.
>>> Are in U.S now? If yes, was the petition filed as a change of status? If yes, then the employer should give you the I-94 attached to it. Also, you will need the approval notice to get the visa stamped and at the POE while entering U.S. Probably you can get it from the employer when you go for stamping or when you leave the country and re-enter.

1) I want to know ..Can I get a duplicate copy of H1-B / I-797 ( Notice Of Action ) from USCIS ?
>>> No. H1B approval notice is employer's property. Even if you apply for a duplicate, it will be sent to the employer/attorney who filed the petition.

2) If so, will it be valid to do an H1-B transfer to another employer.
>>> N/A. See above answer.

3) Can I do an H1-B transfer with just the receipt # ?
>>> Possible if you know for sure that receipt number belongs to you.

[monikv]

Thanks Shervin
Yes, I am in US currently. I came on an H4 visa in US and then got H1. There is no worry of stamping as it is not required. I have the valid H4 stamped and valid I-94 based on H4. On the basis of this, I got an H1-B approved. I know the petition #. My curr employer is holding my H1-B and is not willing to give it to me.
I want to do an H1-B transfer. Please let me know what are my options. How do I do H1-B transfer as I dont have the actual physical Approved copy of I-797 ( Notice Of Action )

[shervin143]

Check with your employer to see if your petition was filed as a COS from H4. If yes, then you should be working for the employer and get paid to maintain the H1B status. Otherwise you will go out of status on H1B. In such case, the approval notice would have come with a new I-94. The employer is suppose to handover that I-94 to you. When you are out of status and transfer or a COS to any other status is not possible.

So first out if your H1B got approved as a COS or consular process. The employer has paid the money for your H1B. So you cannot do anything if they are not willing to handover the H1B approval notice to you (But they are legally required to handover the I-94 portion to you if the petition was filed as a COS).

Just the receipt notice is enough to file the H1B transfer provided you are maintaining your current immigration status.

Thanks Shervin
Yes, I am in US currently. I came on an H4 visa in US and then got H1. There is no worry of stamping as it is not required. I have the valid H4 stamped and valid I-94 based on H4. On the basis of this, I got an H1-B approved. I know the petition #. My curr employer is holding my H1-B and is not willing to give it to me.
I want to do an H1-B transfer. Please let me know what are my options. How do I do H1-B transfer as I dont have the actual physical Approved copy of I-797 ( Notice Of Action )

[monikv]

Hi Shervin
I have started to work for this new employer and hopefully I will also get paid. I have the receipt # for which the status on USCIS shows that it is already approved. Employer is not willing to provide the H1-B copy. I want to do an H1-B transfer. What are my options ?

Can I do H1-B transfer just on the receipt no even though I dont have the actual H1-B copy ? If an RFE comes, I can always say to USCIS that the curr employer has not handed the actual H1-B physical copy. Please let me know how should I proeced.

Is there any way to get a duplicate H1-B copy from USCIS delivered to me ( the actual H1-B Candidate ) ?
Please advise.

[shervin143]

I have started to work for this new employer and hopefully I will also get paid. I have the receipt # for which the status on USCIS shows that it is already approved. Employer is not willing to provide the H1-B copy. I want to do an H1-B transfer. What are my options ?

Can I do H1-B transfer just on the receipt no even though I dont have the actual H1-B copy ? If an RFE comes, I can always say to USCIS that the curr employer has not handed the actual H1-B physical copy. Please let me know how should I proeced.
>>> Transfer can be filed with just the receipt number provided you know for sure that receipt number belongs to you. Are you sure that approval notice came with a new I-94? Get that I-94 from the employer and attach it to your passport. The I-94 belongs to you and you need that when you leave U.S to handover to CBP. If the approval notice did not come with a new I-94, then your employment now is illegal.

Is there any way to get a duplicate H1-B copy from USCIS delivered to me ( the actual H1-B Candidate ) ?
>>> No.

[monikv]

Thanks Shervin for the prompt reply. However, my employer is saying that he has not received the approval copy from USCIS ( which I doubt )..its been now almost 4 weeks.
I entered US on H4 visa and I have the actual I-94 that Immigration Dept gave me when I entered US on H4.
With the Change of Status ( COS ) from H4 to H1, will USCIS still issue a new I-94 ?
My concern is ..Employer is just buying time and whiling around.

[shervin143]

Yes, the H1B approval should come with a new I-94 if it is approved as a COS. without a new I-94, the approval is for consular process and you will remain in H4 status. Your employment is illegal in such case. I am not sure on what basis you started working for the new employer without knowing whether the H1B got approved as a COS or for consular process.

Thanks Shervin for the prompt reply. However, my employer is saying that he has not received the approval copy from USCIS ( which I doubt )..its been now almost 4 weeks.
I entered US on H4 visa and I have the actual I-94 that Immigration Dept gave me when I entered US on H4.
With the Change of Status ( COS ) from H4 to H1, will USCIS still issue a new I-94 ?
My concern is ..Employer is just buying time and whiling around.

[roli1509]

Can I tranfer H1 to other employer having only Petition Number

I am in India right now.Can I transfer H1 to other employer having only Petition Number? My current company will not give me any other document.

My petition number is valid and approved in 2014.

Please advice.