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Employer not giving me H1 Approval notice

Discussion in 'General H-1 and H-3 Visa and Related Issues' started by smoulderer, May 7, 2007.

  1. smoulderer

    smoulderer Registered Users (C)

    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. smoulderer

    smoulderer Registered Users (C)

    Can anyone please advise me on this? I am running out of time!
    Thanks in advance,
    Tarun
  3. ginnu

    ginnu Registered Users (C)

    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 a moderator: May 10, 2007
  4. adina

    adina Registered Users (C)

    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
  5. ginnu

    ginnu Registered Users (C)

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  6. sshakeny

    sshakeny Registered Users (C)

    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.
  7. smoulderer

    smoulderer Registered Users (C)

    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
  8. adina

    adina Registered Users (C)

    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 a moderator: May 16, 2007
  9. ginnu

    ginnu Registered Users (C)

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  10. desi_munda

    desi_munda Registered Users (C)

    :mad:

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