Employer denies a copy of I797 approval notice

[rx8]

Hi everyone,

I have a problem with my employer (consultant). He denies giving me (atleast)a copy my H1 approval notice-I-797. I joined this company last year april and the H1 was approved in sometime October.

I need atleast a copy my I797, I94 to either go out of country, or apply for another job (This is what he is scared of - that I might leave this job).

I would really appreciate if anyone can tell me what can I do with this matter, and what are my options. I tried applying for a duplicate I797 from the USCIS, but it seems it will take months to years for me to get a copy. Please help.

Thanks,
M

 

[compass]

I think it is non-legal from your employer:
by law you must have your proof of H-1 status with you (receipt maybe not - i am not sure) - but for sure lower portion of receipt and another portion which is I-94. This you are supposed to show to any (immigration) officed and you can be asked to show it (together with non-expired passport) at any time...
not sure what exactly you can do but for sure you can (and should) do something about it, maybe others can help with information...

 

[rx8]

I think it is non-legal from your employer:
by law you must have your proof of H-1 status with you (receipt maybe not - i am not sure) - but for sure lower portion of receipt and another portion which is I-94. This you are supposed to show to any (immigration) officed and you can be asked to show it (together with non-expired passport) at any time...
not sure what exactly you can do but for sure you can (and should) do something about it, maybe others can help with information...

Hi Compass, thx for the reply. But I didnt understand a couple of things:
When you said its non-legal from the employer - does that mean my employer is still okay even if he denies giving me a photocopy of my documents? because I literally have no proof of my H1/I797 or I94 or any other documentation from the INS. Not even a copy. Is there any way for me to act upon it?

 

[compass]

Again it is just what I think, I am not a lawyer. But since you must have this proof with you at all times - means that employer should submit you with needed documents, right? I think needed means not approval itself, but two parts which are attached below: one says 'receipt' (for your records? not sure), another says I-94 and this you must surrender when goint out of USA, when coming back they will issue you a new one.
Try to ask again, if eployer denies, try to get a proof of it in writing, ask a lerres, look for USCIS instructions and find one which requires you to have this proof, I think it should be online somewhere, show to your employer... if they deny, ask a letter from them instead! this way you will have a proof...and consult a lawyer...I think short consultation should not be very expensive...