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Employer not giving me H1 Approval notice

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  • Employer not giving me H1 Approval notice

    Hello,
    my H1 visa was approved last year. I want to move to another job which I like better and I've already made more than enough money for my employer.My employer is not willing to give me the H1 approval notice- there is no binding contract between us.

    My question is , how can I transfer my H1 visa without having the approval notice? Is there any way out of this?

    Thanks,
    Tarun

  • #2
    Can anyone please advise me on this? I am running out of time!
    Thanks in advance,
    Tarun

    Comment


    • #3
      Originally posted by smoulderer View Post
      Hello,
      my H1 visa was approved last year. I want to move to another job which I like better and I've already made more than enough money for my employer.My employer is not willing to give me the H1 approval notice- there is no binding contract between us.

      My question is , how can I transfer my H1 visa without having the approval notice? Is there any way out of this?

      Thanks,
      Tarun
      you got your H1 Visa stamp with H1 approval notice dont you have the Copy?
      if you have copy of H1 approval notice that will work.
      Last edited by ginnu; 10th May 2007, 05:17 PM.
      Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

      Comment


      • #4
        The H1 visa is employer's visa not yours. So, even if they give the Notice of approval, is good for nothing. If you go to a different employer, you/they will have to apply again.

        Good luck.

        Adina

        Comment


        • #5
          Originally posted by adina View Post
          The H1 visa is employer's visa not yours.
          -----------------H1 VISA is your Visa it is stamped by US consulate in your passport with your name, H1 petition is employer petition. H1 Approval based on employer Petition and gets approved for YOU and employer.

          So, even if they give the Notice of approval, is good for nothing. If you go to a different employer, you/they will have to apply again.

          Good luck.

          Adina
          ------------

          ----------------
          Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

          Comment


          • #6
            if you changed status you should have gotten a I-94 issued by the USCIS and employers must tear that part and give it to the beneficiary. if it was a approval for CP, you should have taken a copy of it to the consulate when you applied for the Visa to enter US. use your reciept number and get a case status update from USCIS website. a printout of that and a copy of the I-94 is sufficient for your new employer to submit to USCIS for H1 transfer. after all they issued you a visa and once they get the reciept number, they will pull your file out and review it.

            Comment


            • #7
              Thanks for the advice, people.
              I changed status from F1 to H1 while in this country- I have not gone out of the US after the change.
              I don't have the I-797 or the I-94 attached to it. Thats the problem.
              Now, to transfer my H1 to a new company, I need the I-797 right? I can get a printout of the case status update but will it be enough for the transfer?
              I can also calculate the start and end date of my H1 from my paystubs. Will this be enough for the transfer?
              Thanks a lot,
              tarun

              Comment


              • #8
                Hey

                You just don't want to listen, do you?!

                If you work for Company A under a H1B visa and you want to move to a Company B, well, you need to get a new H1B for the second company. You will NOT go with the quota but you don't have a choice, you have to apply again. You do not need to wait for the visa to be approved, you can start working once you have the labor approved + proof that you sent the request to the INS.

                H1B is a working permit for a Company X, is not an EAD card.

                Good luck!
                Adina
                Last edited by adina; 16th May 2007, 03:17 PM.

                Comment


                • #9
                  Originally posted by adina View Post
                  You just don't want to listen, do you?!

                  If you work for Company A under a H1B visa and you want to move to a Company B, well, you need to get a new H1B for the second company.
                  ---------------You need H1 transfer filing reciept of H1Transfer filing by USCIS or make sure Petition reached USCIS. you dont need VISA you only need H1 transfer filing reciept. USCIS dont deal with VISA. Visa is under DOS, petition approval is under USCIS
                  You will NOT go with the quota but you don't have a choice, you have to apply again. You do not need to wait for the visa to be approved,
                  you can start working once you have the labor approved + proof that you sent the request to the INS.
                  ----------------for H1 transfer no "labor approved" is needed, new employer gets LCA by fax back system then attach it with form I-129, copy of vaild I-94, copy of 2-3 latest pay stubs and file the H1 transfer with USCIS once USCIS sends the H1 transfer filing reciept one can join new employer


                  1B is a working permit for a Company X, is not an EAD card.

                  Good luck!
                  Adina
                  -----------
                  -----------------------
                  Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

                  Comment


                  • #10
                    Originally posted by adina View Post
                    You just don't want to listen, do you?!

                    If you work for Company A under a H1B visa and you want to move to a Company B, well, you need to get a new H1B for the second company. You will NOT go with the quota but you don't have a choice, you have to apply again. You do not need to wait for the visa to be approved, you can start working once you have the labor approved + proof that you sent the request to the INS.

                    H1B is a working permit for a Company X, is not an EAD card.
                    -------- better don't give any suggestions to anyone if you don't have idea of what is going on. Adina better study USCIS rules and regulation and then start giving advices
                    Good luck!
                    Adina

                    Comment

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