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Can we ask employer to provide Photocopy of H1B Transfer Application filed with INS?

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  • Can we ask employer to provide Photocopy of H1B Transfer Application filed with INS?

    Hi All,

    I am currently on H1B Visa with "Company A" and getting my H1B transferred to "Company B".

    Question: Is it OK to ask "Company B" for providing me a complete Photocopy of H1B Transfer Application filed with INS? If I ask for it, is Company B legally obligated to comply with my request by providing me a photocopy of H1B Transfer Application!!??

    Any insight will be well appreciated!!

    Thanks in advance!!

    Anna

  • #2
    Hi All,

    I am currently on H1B Visa with "Company A" and getting my H1B transferred to "Company B".

    Question: Is it OK to ask "Company B" for providing me a complete Photocopy of H1B Transfer Application filed with INS? If I ask for it, is Company B legally obligated to comply with my request by providing me a photocopy of H1B Transfer Application!!??

    Any insight will be well appreciated!!

    Thanks in advance!!

    Anna

    Comment


    • #3
      You can request a copy of the I-797 receipt notice that they should get with from the service center where the petition was filed. As the employer they SHOULD not let you start until this is in hand because it is the only proof of employment authorization that they can provide in the event of an I-9 audit.

      I don't know if there is a law that REQUIRES company B to provide you with proof that their H-1b petition was filed. The best you can do is refuse to start until you have the receipt notice in hand. Besides do yo really want to work for someone that won't accomidate such a request? How would such an employer handle other requests you make?

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