H1B Approved, but still petition papers with employer

[CodeMad]

Friends,

I have my H1B approved 6 months ago but still the petition is with my employer. I would like to get answer for below questions

1. Can i ask for petition papers? (My friend said, its illegal with respect to US immigration law for an employer to hold an approved H1B petition)

2. If i get that papers in hand, can i look for some other employer who can process my VISA from then on?

3. Can i still file another petition through some other employer while this is active?

4. My petition is filed for a particular client in the US. My employer says, if I change the client now, then they will need a rework on the petition papers which would take a month time and cost $2500. Is that true?

Cheerio!

CodeMad

[ashukla]

1. Yes you can ask for the petition papers, mainly I797 which you may require to show you legal status at various places. ex DMV
   
2. Technically you dont need approved petition while you are looking to file a new H1b from a different employer, moreover no employer can process your visa, they can only maintain or extends your status in US.
   
3. Yes
   
4. It is known as H1b ammendment, I am not sure about the time and cost but for sure expenses should be bear by the employer.
   

[jai5]

When ever there is a material change you have to amend your H1.So when you work for a new client your employer has to file for amendment and the fees is around $350 which should be paid by your employer.Only if you want a premium process you can pay it out.

Your employer has to give you your petition, he cannot with hold it.

[CodeMad]

Thanks Jai5, Ashukla for the answers. Can't i get my H1B approval transferred to another employer and go for a stamping from then on?

[ashukla]

@codemand- see there is no such term in use "H1B Approval Transfer", H1 transfer is same as filing a new petition and needs to get approval from USCIS the only thing is it will not be counted against the quota, means if you want to transfer you H1 you can ask your new employer to file it tommorow, he dont need to wait till April.

So you can transfer your current approval although you are eligible for new petition filing and get approval on it.

Once your new petition gets approved you can use it for stamping also, no issues

[jai5]

Yes you can do that. You will need last 3 pay stubs ,W2 forms etc to show that you have been on payroll.

[kalyan_ac]

You will also need the I797 which your employer is holding to right now.

[CodeMad]

Thanks ImmigrationSeeker, Jai5, Ashukla for your answers. It was a great insight that you guys have given me.