I came to the USA (Connecticut) in June 2003 to work for company-A on H1B Visa within the field of IT. In mid-July 2004, due to company-A violating our contractual agreement, I changed employment to company-B which agreed to undertake my visa sponsorship. I subsequently received I-797 forms for my wife and daughter's H4 transfer, but my H1-B transfer I-797 never arrived. I had assumed that the form is kept by the filing lawyers and my employer( company-B) and never bothered to inquire. In mid November 2004 I accepted a new opportunity with Company-C. Company-C agreed to undertake my H1-B sponsorship, and that of my wife and daughter's H4. But now it turns out company-B and it's attorney claim not to have in their possesion my I-797 form. I checked on the USCIS web site using the EAC company-B provided to me during my investigation, and found the filing for my H1-B transfer was approved for company-B, and my I-797 was sent on September 28 2004.
I have satisfied all my contractual obligations for company-B, so I don't understand why they would want to cause all these trouble for me. I was scheduled to start work with company-C on November 22 2004, but company C tells me that I can't start working until they receive the I-797 to file for the transfer. I begged company-B to re-request a copy of the I-797 just over two-week ago, and they said they did mail request to the government processing authorities for the form. Now here's my questions:
1. What's the average time it takes for the filing attorney and company-B to receive the I-797 after lodging a request for a copy? It would be great to hear how long on average it has taken other candidates to obtain a copy of the I-797 from INS when re-requested. Is there a way to expedite the reception of this notice of approval copy from the relevant authorities?
2. If company-B is playing foul (which I suspect), what other means can I use to obtain the I-797 form from the relevant government authorities.
3. Is there any other way company-C's attorney can obtain the I-797 form from the relevant government authorities so as to start filing for the transfer.
4. If a company-B is playing foul (i.e. deliberately with-holding the I-797 form), what legal actions can I rightfully take against company-B for their unfair treatment. I personally paid the full cost of the visa transfer from company-A to company-B, I even already had a client when I approached company-B so they had incurred no costs at all to have me under them.
I have satisfied all my contractual obligations for company-B, so I don't understand why they would want to cause all these trouble for me. I was scheduled to start work with company-C on November 22 2004, but company C tells me that I can't start working until they receive the I-797 to file for the transfer. I begged company-B to re-request a copy of the I-797 just over two-week ago, and they said they did mail request to the government processing authorities for the form. Now here's my questions:
1. What's the average time it takes for the filing attorney and company-B to receive the I-797 after lodging a request for a copy? It would be great to hear how long on average it has taken other candidates to obtain a copy of the I-797 from INS when re-requested. Is there a way to expedite the reception of this notice of approval copy from the relevant authorities?
2. If company-B is playing foul (which I suspect), what other means can I use to obtain the I-797 form from the relevant government authorities.
3. Is there any other way company-C's attorney can obtain the I-797 form from the relevant government authorities so as to start filing for the transfer.
4. If a company-B is playing foul (i.e. deliberately with-holding the I-797 form), what legal actions can I rightfully take against company-B for their unfair treatment. I personally paid the full cost of the visa transfer from company-A to company-B, I even already had a client when I approached company-B so they had incurred no costs at all to have me under them.