I have a new H1B visa approved recently and it seems that it is quite complicated when dealing with documents that need to be maintained when you are on H1! Mine is the case of change of status from F1 to H1B while being present in U.S. I haven't gone out of the U.S. after receiving the approval, and so of course the visa is not stamped. I wanted to know what kind of "New" documents (due to change of status from F1 to H1) should I look out for from my Employer / (their lawyer) and maintain with me that are a must for me to prove my legal status here in the U.S.(in case if I have to!)
(1). I-797 Notice of Action form that comes from the USCIS - Should I have the original I-797 or a copy of it is as good as the original? - Is the employer legally entitled to keep the original form or is he required to hand it to the employee?
(2). I-94 Arrival/Departure record - I have the I-94 card that I had got from my last port of entry on F1 visa, which says Valid until D/S (duration of study), so I believe it will expire as soon as the H1 is in effect. Should I ask my employer for the Original copy of the new I-94 that comes with I-797, or a Copy of I-94 card is good? Has this to be stapled over the old I-94 card in the passport? Again, Is the employer legally entitled to keep the original I-94 or does he have to hand it to the employee?
(3). Any other forms / letters required (USCIS docs.) to prove my status? (Other than the company docs such as the job offer letter, paystubs, W2s, etc.)?
(4). Is it a legal requirement to carry a copy of my passport, and the above listed required documents, with me all the time, while present here in the U.S.?
Since I would not blindly rely on the employer to provide me with all the right documents, if I do know it, I can ask for those. I guess a lot of new H1 visa holders may find the answers useful, since there arent many resources/websites that list such information online.
(1). I-797 Notice of Action form that comes from the USCIS - Should I have the original I-797 or a copy of it is as good as the original? - Is the employer legally entitled to keep the original form or is he required to hand it to the employee?
(2). I-94 Arrival/Departure record - I have the I-94 card that I had got from my last port of entry on F1 visa, which says Valid until D/S (duration of study), so I believe it will expire as soon as the H1 is in effect. Should I ask my employer for the Original copy of the new I-94 that comes with I-797, or a Copy of I-94 card is good? Has this to be stapled over the old I-94 card in the passport? Again, Is the employer legally entitled to keep the original I-94 or does he have to hand it to the employee?
(3). Any other forms / letters required (USCIS docs.) to prove my status? (Other than the company docs such as the job offer letter, paystubs, W2s, etc.)?
(4). Is it a legal requirement to carry a copy of my passport, and the above listed required documents, with me all the time, while present here in the U.S.?
Since I would not blindly rely on the employer to provide me with all the right documents, if I do know it, I can ask for those. I guess a lot of new H1 visa holders may find the answers useful, since there arent many resources/websites that list such information online.
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