H1B docs required from old employer

[Prince_Dhiraj]

Hi,

 

I worked for company A in Inida (2005 - 2009) and had travlled to US on H1b in 2007-2008. WHile working in US, my petition/Visa expired and my employer applied for extension for petition while continuing the job in US. The H1B extension petition got approved as well(from 2008 till Jun2011), but I came back to India in 2008 itself and never got the extended petition Visa stamped. I resigned the company A in 2009 and gave my original approved petition back to comp A. (I had spent about 1.5yrs of my H1b duration in US).

I have lost all my copies of the H1B approved petition as well.

I work for company B now and want to apply for H1b cap-exempt category, but even after many requests, my previous employer A is not giving the I-727 and I-129(though I know the EAC no) for approved petition.

Can you please suggest if I stand any chance to force them to get me the required docs or have no other way other than to depend on their mercy?

Is there any legal path I can take? Is there any other way for applying under cap-exempt with only EAC no? What all doc are required in min to go ahead for cap-exempt?

 

Your help and legal suggestion is greatly appreciated.

 

Regards,

Pricne

[omshiv]

They are not required to provide you the H1 docs..its theirs legally...your new employer's attorney should be able to help you out on this.

[t75]

You admit that you "lost" your copy of important documents. Why should a former employer have any obligation to supply replacements?

 

You cannot "force" them to do anything.  The term "force" implies a threat. 

 

The attorney assisting yoru employer with the filing will have options.