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My Employer is not providing me my H1B documents. I had paid the entire fee for processing the visa
Anonymous5 views3 answers
I had paid the entire processing fee for my vH1B visa. But they are not sending me the documents. They send me the notice of approval after lots of follow ups. But they are not giving me the rest of the documents. Please advice as to what can be done in this regard.
I am not clear if you have the approval notice and want a full copy of the filing, or if you need to have the filing for consular processing, or if there is another situation. If an attorney was used, you can typically see the attorney name on the approval notice and can contact the attorney office for a copy.
Was the attorney who prepared the case theirs or yours? The file is yours - at least much of it -and you may need it in the future for visa stamping. They may be holding on to it to try to prevent you from going to a different employer or they may be slow. I'd keep hounding them.
What exactly do you want your employer to give you? If you have the original I-797 indicating that your H-1B has been approved, it should contain your new I-94 Arrival/Departure Record (or you can use it to obtain an H-1B visa and enter the U.S. in H-1B status). Some small, privately held employers can be hesitant to give complete copies of the H-1B petition if it contains sensitive financial information. Your best option is to hire an immigration attorney to request the documents that you are seeking. In addition, please note that some H-1B fees must be paid by the employer, so you may want to consult with a lawyer about whether you were charged for something the company should have paid for.
