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  • Employer not giving H1B approval

    Hello All

    conversion from H4 to H1

    I am in a situation where the H1B effective date is October 1 2007. Please let me know whether I can transfer my H1B without pay stubs and i797. I donot have a copy of i797 because the employer is not giving it to me unless I sign a contract which was not discussed at the time of H1B filing this year (April 1 2007)

    A response is greatly appreciated.

    Thanks

  • #2
    Contracts are evil.
    -= 2006 =-
    12/29: USC Married to a beautiful Canadian

    -= 2007 =-
    06/22: Filed I-485|I-130|I-765|I-864|I-693
    07/10: NOAs 4 I-485, I-130, I-765
    07/22: NOA for FP
    08/02: Completed FP
    09/01: NOA 4 Interview @11/21?!?
    09/13: EAD Card Production Ordered!
    09/19: Received EAD
    09/20: Applied 4 SSN
    10/06: Got SSN
    11/21: Approved. Waiting 4 GC
    12/15: Received GC

    -= 2009 =-
    Received non-conditionalPermanent Resident Card

    Helpful book: http://tinyurl.com/amgx9

    Comment


    • #3
      Originally posted by bbqchickenrobot View Post
      Contracts are evil.
      Please let me know Is there a way around this?

      Help is greatly appreciated

      Thanks

      Comment


      • #4
        Originally posted by goWithTheFlow View Post
        Please let me know Is there a way around this?

        Help is greatly appreciated

        Thanks
        Employers are required to provide a copy to the employee. In fact, it should also be displayed conspicuously at the work place.
        The employer is also required to pay you at least the salary mentioned in the petition.

        http://www.visalaw.com/forms/eta-9035.pdf

        Check out point 8(d)
        Category: EB1C (Manager's Category)
        Labor: None
        140/485 ND: Jan 07
        EAD AD: Feb 07
        AP AD: Feb 07
        140 AD: Aug 07
        485 AD: Aug 07
        Welcome Mail : Aug 07
        Card Ordered: Aug 07
        Card Received: Aug 07

        Total time to get GC from date of filing to card received: 6 months 29 days

        Comment


        • #5
          Originally posted by techie8 View Post
          Employers are required to provide a copy to the employee. In fact, it should also be displayed conspicuously at the work place.
          The employer is also required to pay you at least the salary mentioned in the petition.

          http://www.visalaw.com/forms/eta-9035.pdf

          Check out point 8(d)

          Thanks for the reply. The employer said he will give the h1b approval once the contract is signed and returned. Please let me know what I can do. Help is greatly appreciated. Please give some guidance in this regard.

          Thanks

          Comment


          • #6
            Originally posted by goWithTheFlow View Post
            Thanks for the reply. The employer said he will give the h1b approval once the contract is signed and returned. Please let me know what I can do. Help is greatly appreciated. Please give some guidance in this regard.

            Thanks

            Since your H1B will start on Oct 1, I guess your employer would expect you to start work on H1B from that date. You need to have a copy of the petition prior to starting work. So regardless of whether you agree to sign the contract or not, your employer will have to provide a copy of the petition to you prior to you starting the work on your current petition.

            While the H1 petition is primarily for the employer, you are the beneficiary and you might be able to get a copy of the petition from USCIS directly. However, there is a process involved for that and it should be the last resort.

            Good luck.
            Category: EB1C (Manager's Category)
            Labor: None
            140/485 ND: Jan 07
            EAD AD: Feb 07
            AP AD: Feb 07
            140 AD: Aug 07
            485 AD: Aug 07
            Welcome Mail : Aug 07
            Card Ordered: Aug 07
            Card Received: Aug 07

            Total time to get GC from date of filing to card received: 6 months 29 days

            Comment


            • #7
              Originally posted by techie8 View Post
              Since your H1B will start on Oct 1, I guess your employer would expect you to start work on H1B from that date. You need to have a copy of the petition prior to starting work. So regardless of whether you agree to sign the contract or not, your employer will have to provide a copy of the petition to you prior to you starting the work on your current petition.

              While the H1 petition is primarily for the employer, you are the beneficiary and you might be able to get a copy of the petition from USCIS directly. However, there is a process involved for that and it should be the last resort.

              Good luck.
              Thanks for the response. I again spoke with the Employer, he said he will not give the approval hard copy to me unless and until I sign and return the contract. Please let me know a work around. you said, that I might be able to get the petition from the USCIS directly, and there is a process invlived for that, can you let me know how.

              Any help is greatly appreciated.


              Thanks again

              Comment


              • #8
                Originally posted by goWithTheFlow View Post
                Thanks for the response. I again spoke with the Employer, he said he will not give the approval hard copy to me unless and until I sign and return the contract. Please let me know a work around. you said, that I might be able to get the petition from the USCIS directly, and there is a process invlived for that, can you let me know how.

                Any help is greatly appreciated.


                Thanks again

                Check this out. http://www.uscis.gov/files/form/g-639.pdf

                You might be able to get a copy of the petition using the FOIA (Freedom of Information Act).
                Category: EB1C (Manager's Category)
                Labor: None
                140/485 ND: Jan 07
                EAD AD: Feb 07
                AP AD: Feb 07
                140 AD: Aug 07
                485 AD: Aug 07
                Welcome Mail : Aug 07
                Card Ordered: Aug 07
                Card Received: Aug 07

                Total time to get GC from date of filing to card received: 6 months 29 days

                Comment


                • #9
                  Originally posted by techie8 View Post
                  Check this out. http://www.uscis.gov/files/form/g-639.pdf

                  You might be able to get a copy of the petition using the FOIA (Freedom of Information Act).
                  Thanks for the response.

                  Do you know with previous experience whether this form has been used to get the approval notice.?

                  Thanks again

                  Comment


                  • #10
                    Originally posted by goWithTheFlow View Post
                    Thanks for the response.

                    Do you know with previous experience whether this form has been used to get the approval notice.?

                    Thanks again

                    I have never used it myself. However, I know of people using it to get their files. However, none of the guys that I know of were working for the same employer whose sponsored petition was being requested.

                    Also, USCIS might ask why you need it. If you indicate that your employer is not providing it to you, then the employer could also be dragged into this.
                    Category: EB1C (Manager's Category)
                    Labor: None
                    140/485 ND: Jan 07
                    EAD AD: Feb 07
                    AP AD: Feb 07
                    140 AD: Aug 07
                    485 AD: Aug 07
                    Welcome Mail : Aug 07
                    Card Ordered: Aug 07
                    Card Received: Aug 07

                    Total time to get GC from date of filing to card received: 6 months 29 days

                    Comment


                    • #11
                      Originally posted by techie8 View Post
                      I have never used it myself. However, I know of people using it to get their files. However, none of the guys that I know of were working for the same employer whose sponsored petition was being requested.

                      Also, USCIS might ask why you need it. If you indicate that your employer is not providing it to you, then the employer could also be dragged into this.
                      Thanks for the reply. When you said " However, none of the guys that I know of were working for the same employer whose sponsored petition was being requested", does that mean one can change employers without having the approved file?

                      Please let me know.

                      Thanks

                      Comment


                      • #12
                        Dear Techie8,

                        This a morvalous answer I have been looking in all immigration sites.
                        I have the similra problem:
                        Can I apply for I797 using G-639 through FOIA being in INDIA??

                        I have an H1B approval,I have EAC number, But I DO NOT have I797 copy, it is with my employer.
                        I am looking to transfer my H1b,and I am in INDIA.Can I apply for a copy of I797 from USCIS with the help of G-639 without my employer intervention? or any other solution that we can transfer H1 without I797 and just with Receipt Number.Please let me know.

                        I would be grateful if you can clarify me on this.

                        Comment


                        • #13
                          Originally posted by raj.p View Post
                          Dear Techie8,

                          This a morvalous answer I have been looking in all immigration sites.
                          I have the similra problem:
                          Can I apply for I797 using G-639 through FOIA being in INDIA??

                          I have an H1B approval,I have EAC number, But I DO NOT have I797 copy, it is with my employer.
                          I am looking to transfer my H1b,and I am in INDIA.Can I apply for a copy of I797 from USCIS with the help of G-639 without my employer intervention? or any other solution that we can transfer H1 without I797 and just with Receipt Number.Please let me know.

                          I would be grateful if you can clarify me on this.
                          H1 transfer can be filed if you are on valid H1 status in US with valid I-94
                          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


                          • #14
                            I have a friend who is having L1 visa came USA two years before on L1 working in Company A. After coming USA he applied for H1 and got approved in 2008 October thru Company B. His status from L1 to H1 is also changed in Oct 2008. The candidate is still working in the company A (with L1 Visa).
                            1) How long he can work in Company B(with L1 visa)? (due to market down he is not getting job and may take time to get job on H1 Visa, to come out of the company A (L1)
                            What is the time limit to shift to H1 company from L1 company after change of status to H1 from L1.
                            2) Is there any impact in future (in H1 extensions or in Green Card process) if he continues to work in the same company A (with L1 Visa, even though his change of status is changed to H1 with new I-94 number)?
                            3) Can I transfer my H1 to a different Employer (Company C)?
                            Your valuable suggestion/solution is highly appriciated.
                            Regards,
                            Prakash K N

                            Comment

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