My employer asks me to leave to India without documents!! Its not safe. right?

I

idus

Registered Users (C)
Hi everyone,

I am on OPT now and I planned to leave to India on dec 15th. My H1 starts on Dec30th. And I plan to come back in feb, after getting H1 stamped. My employer first says its company policy not to release documents before one year and then when I fought, they say not before H1 starts.

When I said I have to go to India at whatever cost, they say to go to India on OPT and then they will send me my documents required for H1 stamping via Courier. I am trying to fight with them that those documents are mine. Can you please help me.
They say I will leave the company if they me the documents.

What documents are required to go to India safely. ANd for stamping.
And what documents are they supposed to keep after the h1 approval and what they are supposed to give according to the law.

Please let me know what to do...I would really appreciate your fast reply.

Thank you.
 
yes. Please can you answer me the questions . THat would help me.

Thanks in advance.
 
Visit the Us Embassy in Delhi website and collect the list of documents that they need to you to get the visa. Also, you need to have your OPT approval, card, etc. Don't leave before you have all that. You need to come back, don't you?
 
This sucks. The employer has no right to keep any of your H1 originals except the LCA. Also he has to provide you the copy of the LCA along with the H1 originals, technically he cannot file H1 without showing yout the LCA, so that is one document that you should have( copy only). and one more thing is if he has not given you the H1 documents how can you go home as you are supposed to surrender th 1-94 card of the H1 at the airport be careful before you leave USA.
Again im not an attorney, i suggest you talk to an attorney and take a decision
 
Did u get to see the H1 or so. U just cannot trust some of the desi employers here in the US.
 
sktripuraneni said:
This sucks. The employer has no right to keep any of your H1 originals except the LCA. Also he has to provide you the copy of the LCA along with the H1 originals, technically he cannot file H1 without showing yout the LCA, so that is one document that you should have( copy only). and one more thing is if he has not given you the H1 documents how can you go home as you are supposed to surrender th 1-94 card of the H1 at the airport be careful before you leave USA.
Again im not an attorney, i suggest you talk to an attorney and take a decision
Click to expand...

H1 petetion is Employer's petetion. you don't have any right on those. He has every right to cancel anytime. So don't fight with him(May be Desi or Videsi), and try to get the documents as smooth as possible. If he cancels your H1, you can't file another one...because the New H1 quota is over. Unless you have the approved documents in your hand, you can't file the extention. Don't leave India till you get your papers into your hand. If possible postpone your trip to India, if he says until unless you start with him on H1. Work for 2-3 months, and get all the documents, and 2-3 paystubs also and file for transfer with one other nicer company. Then go to India and get the stamping done...Happy ending....

Best of luck....
 
I agree with above. As per my post above, do collect all docs before you leave country but very amicably since they are the holder of the H1 Petition and you certainly want to retain your job and return back. Just talk abt horror stories that you have heard reg others and that you want to make sure you can come back and therefore asking for papers, etc...
 
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