H-1 transfer - possible without 797 approval notice?

[yetanother]

Hi,

I am sure you all have heard of or experienced the nightmares caused by abusive consulting companies.

I have been working for company XX on H-1B status while the application was still pending. It was later approved (according to uscis website & company lawyer). However, the employer has been holding back on the H-1B documentation including the (I-797) approval notice, and is demanding that I sign a contract with them in order for them to release the papers.

Vexed with this company, I am considering other options.
So here are my questions -
1) Can I apply for a H-1B transfer with a new company without having the approval (797) notice (neither original nor a copy) from the current company? I do have the latest paystubs, the I-129 receipt#, and approval status on uscis website.

2) Can I obtain the (original or duplicate) I-797 from the INS directly or any other sources?

3) Is it legal for the company to hold back papers like this, and make demands? What kind of action can be taken in such cases?

Appreciate quick guidance from the experts, especially on question#1.

Thanks a lot in advance!!!!

 

[nscagony]

1) You can apply for a new H1B and use the receipt # as proof that you are not subject to the quota. That might work.

2) A FOIA request might help, but it takes a while (search the forum).

3) Yes. Its their petition. If you don't like their behavior, don't join them.

 

[yetanother]

I am already working for this company for few months.
If I had known that I would be required to sign this contract, I would probably not have joined the company.

I am feeling it is a discrimination and unlawful, i.e., if I were a Citizen or permanent resident, they wouldn't have had the opportunity to with-hold visa documents and make demands.

Any one with insight, please shed some light on this and help me.