What does the Law state?

luckyguy2200

New Member
Hello,

I would like to know whether an employee is having a right to ask for a copy of the I-129 petition filed by the employer. I've come here on the first employer H1B visa and he sent me a copy of the I-129 petition. After one year I've transfered my H1 to a different employer. He didn't send me a copy of the I-129 petition but I've received the I-797B notice that my H1 was transfered.

Now this employer is reluctant to hand over a copy of the I-129 petition and he says that it is not necessary and also not a company policy.

Hence I would like to know whether it is valid on my part to pressure my employer to handover a copy of I-129 petition and if so does anybody have a vaild website link which can be shown to my employer so that he comes down.

Thanks in advance
 
Not sure about the law, but you need the approvel notice (I-129) in case you want to get a visa stamping at a consulate.
 
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yea, I too think its needed for stamping at any consulate.
Tell him that you are going out of country and planning to get stamped and you need all documents for H1B stamping.
 
Hence I would like to know whether it is valid on my part to pressure my employer to handover a copy of I-129 petition and if so does anybody have a vaild website link which can be shown to my employer so that he comes down.

Thanks in advance

An H1 is an employer's petition. The employer is not required by law to provide you with the I-129 copy. Nonetheless, decent employers provide a copy of I-129 and LCA to the beneficary. You may or may not be asked for these at the time of stamping. It's nice to have a copy but I don't think it's good idea to pressure the employer too hard on this.
 
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