Employer doesn't provide the H1B I-797 copy unless I sign a shady contract

[H1BUser124]

Hello,

I have got my H1B picked and approved this year. When I asked my employer to provide the H1b I-797 copy, they asked me to sign a contract which says if I transfer the H1B, I am responsible to pay a huge amount to them. I don't want to sign any such contract.

I found a better full time opportunity who are ready to transfer my H1B but I cannot transfer my H1B unless I have the I-797 copy.

My questions are :

1) Can I get a copy of my I-797 from USCIS by using FOIA?

2) If I sign the contract to get I-797, Is such a contract legitimate (can I get sued with such a contract)? 

3) what are my options?

 

Please help.

 

 

[JoeF]

The employer is required to give you the I-94 at the bottom of the approval notice. If they don't do that file a complaint with DOL on form WH4.

Edited October 31, 2019 by JoeF

[User099]

FOIA might not give you a copy of the I797 but it will give you the actual I129 petition that was originally filed.

[xTDx]

Talk to your new employers attorneys and ask for their help. 

You can also request your current employer to share i797 copy as they have to share it by law. You can show them what they are doing is illegal and stand up for it.  They are most probably trying to play ball and want you to sign the worthless contract which may or may not even legal binding. 

Again, start working with attorneys with this matter, you will not have any clear path here.

[rohit369]

Sign the contract, get your H1 copy, move to the new employer.

I suggest you report all this harassment to DOL & USCIS. Employers of this nature have to shut shop and go.

The moment you say that you will report, your current employer will get lost quietly.

[JoeF]

12 hours ago, rohit369 said:

Sign the contract, get your H1 copy, move to the new employer.

I suggest you report all this harassment to DOL & USCIS. Employers of this nature have to shut shop and go.

The moment you say that you will report, your current employer will get lost quietly.

Not a good idea to sign it. Signatures have legal consequences.

[H1BUser124]

Hello Everyone,

I wanted to share my experience with FOIA.
My FOIA request was partially approved as USCIS provided the Original I-129 petition that was filed, USICS did not provide me the I-797 approval copy which I asked for.

However, I was able to get my H1B transferred to another company with the I-129 that USCIS provided me.

I got a response to the FOIA from USCIS within 65 days.

 

[User099]

11 hours ago, H1BUser124 said:

Hello Everyone,

I wanted to share my experience with FOIA.
My FOIA request was partially approved as USCIS provided the Original I-129 petition that was filed, USICS did not provide me the I-797 approval copy which I asked for.

However, I was able to get my H1B transferred to another company with the I-129 that USCIS provided me.

I got a response to the FOIA from USCIS within 65 days.

 

Told you...

Thanks for the update!