Post H1B transfer deniala

[h1bsos]

Hello dear attorneys,

 

After getting a transfer denial, the employer is not willing to give me the originals or copy of the denial notice or the RFE document saying that they are there confidential documents.

 

In my opinion, I will need those documents in the future. Is that right? And it being related to my visa, I have the legal right of having these documents if in future USCIS asks me to give the reason of the denial. Is my understanding right? 

 

Also, my prospective future employer is t

 

Appreciate the response from the attorney's of this forum..

 

 

 

 

[JoeF]

The H1 is the employer's application. You have no rights to any of the documents if the employer refuses to give them to you.

[rahul412]

No.H1 is employer's petition so he has all rights not you.

[wiweq]

H1b documents are employer's property, they have paid for this. Its up to them, they share or not.

 

Under the freedom of information act (FOIA) you may write to USCIS to get those documents.

This may take 5-6 months.

[h1bsos]

Thank you all for the fast responses.. If the new employer is filing the H1B petition again, then do I need to submit any of the documents related to the denial like the I797C or RFE notice or denial notice? Also, my new employer is talking about counselar processing, does anybody know anything about this? Appreciate your responses..

[rahul412]

Thank you all for the fast responses.. If the new employer is filing the H1B petition again, then do I need to submit any of the documents related to the denial like the I797C or RFE notice or denial notice? Also, my new employer is talking about counselar processing, does anybody know anything about this? Appreciate your responses..

I think all you need is the petition number. Consular Processing is nothing but H1 petition without extension of stay, that means you will get your H1 without new I94 and you need to get your visa stamp or cross the border to get new I94.