My employer won't give my approved i-797A


undertaker0071

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Hello friends,

 

My employer denies to give me original or even scanned copy of my approved i-797A. They just sent me scan of i-797C and i-94 cut-out of i-797A. I know they can't legally keep it with them, but I am just worried if they revoke it if I take harsh measures.

 

What are the ways I can get it?

How can I switch my employer in this case?

 

Thanks in advance!

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As per the law, employer must give you original I-797A. If you have petition no and know from USCIS case status site that it's been approved, take that print out and switch the employer. USCIS needs only the petition no to transfer the H1b.

 

Meanwhile, you can contact USCIS FOIA and request them entire H1b petition application, receipt, approval notices along with all other documents. As per current timelines, it should get all documents on CD within 40 business days. 

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As per the law, employer must give you original I-797A.

 

Hmm, no. The H1 is the employer's petition. An approval notice is for the employer's file.

The employer needs to give the employee a copy of the LCA when the employee starts working.

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"As per the law, employer must give you original I-797A."

 

 

As per the law, employer must give you original I-797A. If you have petition no and know from USCIS case status site that it's been approved, take that print out and switch the employer. USCIS needs only the petition no to transfer the H1b.

 

=> There is no such law.

If you read any I797 carefully, in second para its written that " they lower portion should be given to the worked".

This lower portion has receipt no and I94. 

Rest of approval, its employer's property and their wish to share with you or not.

 

Meanwhile, you can contact USCIS FOIA and request them entire H1b petition application, receipt, approval notices along with all other documents. As per current timelines, it should get all documents on CD within 40 business days. 

 

=> You can't do that. H1b was paid by employer and USCIS will only reply to employer or thier attorney's call. 

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Thank you all for the responses.

 

You don't need original I797A to switch employer. With a photocopy of I797 another employer can file cap exempt H1B petition.

Photocopy of i-797A is needed? or just that of i-797C is good enough? I have the bottom portion of 797A attached to i94.

 

no problem, you can get the copy from USCIS. Just google it.

Remember, H1 is employer's petition so he can revoke it at anytime.

Revoke is what I am worries about

 

As per the law, employer must give you original I-797A. If you have petition no and know from USCIS case status site that it's been approved, take that print out and switch the employer. USCIS needs only the petition no to transfer the H1b.

 

Meanwhile, you can contact USCIS FOIA and request them entire H1b petition application, receipt, approval notices along with all other documents. As per current timelines, it should get all documents on CD within 40 business days. 

I have the number and approval. If that works for the switch, why would I need documents CD from USCIS FOIA. Is that for record purpose?

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Thank you all for the responses.

 

Photocopy of i-797A is needed? or just that of i-797C is good enough? I have the bottom portion of 797A attached to i94.

 

Revoke is what I am worries about

 

I have the number and approval. If that works for the switch, why would I need documents CD from USCIS FOIA. Is that for record purpose?

Photocopy of I797C is also fine.

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=> You can't do that. H1b was paid by employer and USCIS will only reply to employer or thier attorney's call. 

 

 

I already did this in my own case - I asked USCIS to send me the H-1b documents submitted for my approved H-1b amendment as my employer only shared the original I-797A notice and I wanted to have all documents.

 

Moreover, I-140 is also employer's petition and we are beneficiaries. Still USCIS gives you all I-140 documents submitted if FOIA request is filed.

 

Same this could be applicable for PERM. PERM is entirely employer's. But DOL sends approved PERM to beneficiaries if asked thru FOIA. I asked DOL to send me my PERM.

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I already did this in my own case - I asked USCIS to send me the H-1b documents submitted for my approved H-1b amendment as my employer only shared the original I-797A notice and I wanted to have all documents.

 

That doesn't mean they have to. H1b fees are paid by employer, USCIS will share those documents with their only. They are not supposed to give it to anyone else. If they do it they do it by mistake. And requesting them to do mistake is not good either. 

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That doesn't mean they have to. H1b fees are paid by employer, USCIS will share those documents with their only. They are not supposed to give it to anyone else. If they do it they do it by mistake. And requesting them to do mistake is not good either. 

 

You have no authority to speak on FOIA law. You are indirectly saying USCIS is committing fraud by giving away employer only petitions or documents. 

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You have no authority to speak on FOIA law. You are indirectly saying USCIS is committing fraud by giving away employer only petitions or documents. 

Forget FOIA, at first place why would you ask to get something what you don't own?

Employer paid for H1b they own the approval and alternate copies.

Lawfully, you should get the lower part of I797 (that is wac # and I94). If you don't get it complain to DOL. 

Also, there is difference in mistake and fraud. 

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