H1B transfer originally on H4

[tina28]

Hi,

I'm on H4 and a company filed H1 for me in Apr, 2012 and it got approved in Nov, 2012.

My company is saying that the H1 petition was approved only for classification purpose and a new I 94 is not issued, so my status is still H4.

Could this be because I went outside US in Aug, 2012 when my case was pending?

Also, the company does not have a project now so they are not ready to share the petition number. What are my options? How can i transfer it to another company?

Appreciate a quick response..

Thanks

[pontevecchio]

They were obligated to give you your copy of the approval if at all it was approved. Stay away from crooks. Why do you think the petition was approved? Keep contacts to electronic mail and tell them you are going to complain to USCIS about fraud. This holds true even if you were complicit by paying him money to file.

[pontevecchio]

Sorry, I was cut off. This way he may give you a copy of the approval and since you are caPPED YOU CAN LOOK FOR ANOTHER EMPLOYER.

[wiweq]

They were obligated to give you your copy of the approval if at all it was approved. Stay away from crooks. Why do you think the petition was approved? Keep contacts to electronic mail and tell them you are going to complain to USCIS about fraud. This holds true even if you were complicit by paying him money to file.

=> Employer is not obligated to give the copy of approval. They are only obligated to give the lower part of I797, i.e. I94 part, that too in original. This is clearly mentioned on I797 too. The lower part also consists WAC no, makes enough to extend (transfer) and change the status.

[pontevecchio]

Sorry wiweq, You are so wrong. There is a copy of the H1 petition which HAS to be given to the employee. There is an employer copy, an employee copy and a Lawyer copy.