Employer withholding I797 and I94 document (H1B)

[prsmk]

What is the name of your state? CA

I converted from a F1 International student to a H1B status. My employer applied for H1B and it got approved in October 2006. They received all my documents (I797 and I94) regarding the H1B approval. I have tried several times, but they refuse to send me the documents that I am legally entitled to receive.

I tried to contact USCIS (INS) regarding duplicate documents, but USCIS will speak only to the employer or the lawyer who filed the H1B petition. Beneficiary has no power to request the documents.

Please let me know what I can do in this case to get back my original I797 (H1B approval notice) and new I94 card.

Thanks

 

[ImmigAttyLana]

Are you working for the employer at this time? Are you trying to transfer to another employer using that approval notice? What is the reason the employer is giving you for withholding these documents from you? Can you please clarify?

 

[prsmk]

Clarification

Thank you for your reply. Here are the answers to your questions,

> Are you working for the employer at this time?

Yes. I am working for this employer at their client's place. I have two temp agencies between me and the end client.

> Are you trying to transfer to another employer using that approval notice?

Yes, but not immediately. The end client is willing to offer me a full-time position.

> What is the reason the employer is giving you for withholding these documents from you? Can you please clarify?

The employer said that the documents are safely with the lawyer who filed the H1B documents and that I will get it only after working for a year with them. I have not signed any type of contract with my employer regarding length of employment. They are doing this to nearly all H1B workers they sponsor.

I tried to just get the number on my new I94 document, but they would not provide it. I said I needed it to prove legal presence in the US while opening a bank account. They would not give out that information. They also said they would talk to the bank and mention that I worked for them legally.

Thanks

 

[ImmigAttyLana]

Are you getting paychecks from the employer that is withholding the approval notice and the I-94? If so, you can still try to do a transfer application, especially if you know the case number. You can indicate on the cover letter, or the attorney who would file the next petition would so indicatem, that the previous employer is withholding the actual approval notice and you are not able to supply it but the case number should allow the USCIS to check the validity of your H-1B status with that employer and as long as you have current paycheck stubs, it should be all right. I have had similar cases in the past with clients who worked for such less than reputable employers.

 

[prsmk]

Received my H1B documents - Thanks

Thanks a lot for your advice and support. I have received all my original H1B documents and copy of Labor Certification (LCA) document from my employer.

I actually spoke to USCIS and Department of Labor regarding my case. USCIS advised me to make an appointment with an Immigration officer from my USCIS district office, through InfoPass online system(USCIS.gov website), to discuss/investigate my case. USCIS also asked me contact Department of Labor (DOL).

Department of Labor investigator told me to request copy of LCA (Labor Certification) document from my employer. He said that I should file a complaint with DOL if they deny me a copy.

I wrote to my employer stating that I have contacted the USCIS and DOL as I have not receive my original H1B documents. I also told them that I have an USCIS Immigration appointment to investigate my case. I mentioned that this was the last time I was requesting the documents from them. If they fail to send the documents, I would proceed to file formal complaints with both USCIS and DOL.

My employer got back to me immediately and said they would provide me with all the necessary documents. I received all my original documents in the mail shortly.

 

[ImmigAttyLana]

Good. I am glad to hear you got that issue resolved.

 

[new4me]

What can i do in this situation ?

Good. I am glad to hear you got that issue resolved.

Hi,

My situation is almost the same as described above but i haven't done my H1 transfer yet.
But my question is if i tell my current employer that i have an appointment for a formal complaint , and if he revoked my H1 and refuse to give me the papers.
can i go with the H1 transfer with a new employer and also i have the pay stubs and the h1 petition case number ?
will i be going to out of status once my employer revokes and can a new employer file a h1b transfer at that time.

Thanks for your help.

 

[anu4imm]

LCA withheld by old employer, how to do H1B transfer?

I am in almost same situation, my new employer wants to do a H1 transfer and offer me a full time position. My old employer is a IT consultant company. They have bonded with a signed contract to work with them for a year or pay $10000 if I move before this period. It has been 6 months now and I really want to move to this full time position. My old employer has my LCA with them and would revoke my H1B if I ask for my LCA as they would easily guess that I am doing a H1B transfer. How do I tackle this situation?

 

[FlyingRon]

I am in almost same situation, my new employer wants to do a H1 transfer and offer me a full time position. My old employer is a IT consultant company. They have bonded with a signed contract to work with them for a year or pay $10000 if I move before this period. It has been 6 months now and I really want to move to this full time position. My old employer has my LCA with them and would revoke my H1B if I ask for my LCA as they would easily guess that I am doing a H1B transfer. How do I tackle this situation?

Please start your own thread rather than taking on to seven year old ones. Such is the life you lead when you fraudulently obtained the H1B visa the first time.

 

[t74]

First rules of contracts in the US: Do not sign what you do not understand or intend to comply with.

Your employer should immediate revoke your H-1B when you leave your job with him.

You should consult an attorney to review your contract and other employment documents; he will advise you of your rights and responsibilities. It is quite possible that a letter from him will result in you quickly obtaining the documents you seek. As an H-1B worker you earn enough to pay for the consultation now that you should have taken before signing the contract. You wanted to come to the US so badly that you would sign anything to do so. You now must do the work should should have done before having the employer file for you.

 

[TheGeekess]

First rules of contracts in the US: Do not sign what you do not understand or intend to comply with.

Your employer should immediate revoke your H-1B when you leave your job with him.

You should consult an attorney to review your contract and other employment documents; he will advise you of your rights and responsibilities. It is quite possible that a letter from him will result in you quickly obtaining the documents you seek. As an H-1B worker you earn enough to pay for the consultation now that you should have taken before signing the contract. You wanted to come to the US so badly that you would sign anything to do so. You now must do the work should should have done before having the employer file for you.

First Rule of Forum:
DO NOT NECROPOST. If OP has not gotten his/her/its problem solved by now, it's a bigger problem than an Intrawebs forum can deal with.

 

[t74]

At least when someone necroposts, they have researched the forum which is more than most OPs do.

 

[manas_jkd]

Thanks a lot for your advice and support. I have received all my original H1B documents and copy of Labor Certification (LCA) document from my employer.

I actually spoke to USCIS and Department of Labor regarding my case. USCIS advised me to make an appointment with an Immigration officer from my USCIS district office, through InfoPass online system(USCIS.gov website), to discuss/investigate my case. USCIS also asked me contact Department of Labor (DOL).

Department of Labor investigator told me to request copy of LCA (Labor Certification) document from my employer. He said that I should file a complaint with DOL if they deny me a copy.

I wrote to my employer stating that I have contacted the USCIS and DOL as I have not receive my original H1B documents. I also told them that I have an USCIS Immigration appointment to investigate my case. I mentioned that this was the last time I was requesting the documents from them. If they fail to send the documents, I would proceed to file formal complaints with both USCIS and DOL.

My employer got back to me immediately and said they would provide me with all the necessary documents. I received all my original documents in the mail shortly.

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I need some more information on this, how to contact DOL and take an appointment through USCIS district office?

 

[FlyingRon]

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I need some more information on this, how to contact DOL and take an appointment through USCIS district office?

Create your own thread rather than dredging up a nine year old one.