H4 to H1 Approved but no document, documents withheld by consultant

[shrismit]

Hi,

 

Currently I am in USA only and I got my H4 to H1 approval before 15 days, my consultant had filed my visa in early 2013.

But my consultant is not sharing I797 or I129 documents either orginal or photo copy fearing that I may take up another job with some different consultant.(which I am not)

 

My questions are:

 

1. Do i need to possess I797 or I129 in original or photocopy, do I need it somewhere (beside when I go to India and come back that time I will surely need for stamping)

 

2. I am not bothered to have unless there is anyother strong reason which you might enlight, so in that case how do I obtain those in original or copy from my consultant

 

3. Since I received my H1 approval in the last week (12/04/2013), within how many days i need to get job post which my H1 visa status will be revoked (my consultant has started finding out job for me though)

 

Thanks in advance.

 

Regards,

Shrismit

 

 

[jairichi]

Hi,

 

Currently I am in USA only and I got my H4 to H1 approval before 15 days, my consultant had filed my visa in early 2013.

But my consultant is not sharing I797 or I129 documents either orginal or photo copy fearing that I may take up another job with some different consultant.(which I am not)

 

My questions are:

 

1. Do i need to possess I797 or I129 in original or photocopy, do I need it somewhere (beside when I go to India and come back that time I will surely need for stamping)

 

2. I am not bothered to have unless there is anyother strong reason which you might enlight, so in that case how do I obtain those in original or copy from my consultant

 

3. Since I received my H1 approval in the last week (12/04/2013), within how many days i need to get job post which my H1 visa status will be revoked (my consultant has started finding out job for me though)

 

Thanks in advance.

 

Regards,

Shrismit

1. You would need when you plan to transfer to a new employer.

2. I believe you can apply for an FOIA with USCIS.

3. You have 60 days.

[pontevecchio]

If you have proof the H1 petition is approved complain to the DOL.

[shrismit]

Yes I have proof of H1 approval (email from USCIS), what is DOL and how it can be filed? If DOL or FOIA is filed then are there any chances that counsultant revoke my H1 visa since I need to get the jon in 60 days from the date of approval. let me know-thanks

[pontevecchio]

If something is inevitable one does not need to follow orthodox wisdom. The email approval by itself will let you join an ethical company in future with proof of being capped once. Why would you want to join a shady company? He is supposed to have a job for you. He can obviously lay you off in the future as can any company. Check out the DOL in GOOGLE, the federal one and look up the matter. He cannot retaliate once the complaint is on file . Discuss your matter with a Lawyer. You have potentially 6 years in H1 and should spend some money now to avoid being cheated and swindled.