Can h1B approval copy be gotten via FOIA has anyone done that?

[0407]

My employer seems to be reluctant to give the copy.

[JoeF]

The employer needs to give you a copy of the LCA and the bottom part of the H1 approval notice. If he doesn't, file a complaint with DOL on form WH4.

[0407]

Hi JoeF,

I refused to join him as I got enrolled In Masters Program. Joining would have involved relocation.

Employer says he has no obligation to share H1B approval if I am not joining.

[JoeF]

The employer still needs to give you the bottom part of the H1 approval notice. The employer doesn't have to give you a copy of the LCA if you never worked there (the rule is that the employee has to get the copy of the LCA on the first work day.)

[0407]

JoeF,

I have consulted experienced attorneys. They suggest that, if I don't take up the job, I don't move to H1B Status.

If My status doesn't change, new I-94 doesn't matter. Employer is giving the same argument

[JoeF]

JoeF,

I have consulted experienced attorneys. They suggest that, if I don't take up the job, I don't move to H1B Status.

WRONG!

Find better lawyers. Obviously, the lawyers you contacted are not experienced. I suggest you contact the law firm that runs this forum.

If the H1 is approved, you ARE in H1 status. If you don't start the job, you are out of status, and you would immediately have to do a COS to some other status to stay legal.

[0407]

Hi JoeF,

I trust your judgement and have been following your postings for a long time. I am just curious.

When I am already employed on H1B and some other company files H1B COS for me

and if I do not join them, I don't need to do anything to reaffirm my H1B with my current employer.

How is this situation different? Wanted to get your thoughts

[0407]

Thenak JoeF

I filed for I-539 within a month of H1B approval. Same was approved within 4 weeks.