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Raamsai

Employer is not giving my I797 form and H1B approval details

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Hi Everyone,

Currently, I am on Day1 CPT and working for an Employer. My previous employer has filed an In-House Future employment H1B petition in 2019 and it got approved on February 7th, 2020. That previous Employer has asked me to transfer the H1B form to my current employer as he is not able to support the In-house project anymore. And he is demanding 10000$ to send me the i797 form and other H1B approval details in order to transfer H1 to my current employer. Kindly let me know if there is any way that I can get the H1 petition number and approval status details and transfer H1B to my current employer without the involvement of my previous employer. 

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I think you should report this to DOL. Do you have evidence of him asking you money? Does he say that this money which he is asking is related to visa fee or is it any other liability?

I think  you can't do a transfer without petition number.

Edited by cyberlord

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If there is an employee employeer agreement signed by you ? then may be there might be chance he is requesting you money showing that document. But as far as i know it is illegal in few states not all. 

try this below..   https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia

Also check your I94 since your status got changed.. 

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For Any trasnder

1. You should have worked for that employer

2. Should have pay slip from that employer (2-3 payslip)

So even if you pay 10000 USD unless you work for that employer , USCIS will not trnafer it and will be denied. Even your previous employer knows this transfer will fail, DO NOT PAY

Your day1 CPT is any way big red flag,

Edited by poojB

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Filing H1b does involve certain costs which include filing fees, premium fees, attorney fees etc. which costs thousands of dollars.  These costs are borne by the employer for the benefit of their employees.   

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Contact a lawyer and they might help you to complain to Department of Labor. Since your previous employer asked you to transfer there is nothing wrong you are doing.

Edited by gopalakrishnach

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