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Results 1 to 9 of 9

Thread: Rights to my records

  1. #1
    Hi,

    I am on an H1 and would like to know if I have the legal right to have a copy of my H1B petition that was filed by my employer to USCIS (through an attorney).

    I would like to get a copy of what documents they filed. I am assuming that the attorney should provide access to my own documents even though they were filed on behalf of the employer

    Thanks

  2. #2
    Hi,

    I am on an H1 and would like to know if I have the legal right to have a copy of my H1B petition that was filed by my employer to USCIS (through an attorney).

    I would like to get a copy of what documents they filed. I am assuming that the attorney should provide access to my own documents even though they were filed on behalf of the employer

    Thanks

  3. #3
    You don't have a right to something that doesn't belong to you.

    It belongs to your employer and as such, they have the right.

  4. #4
    You can try FOIA. Don't know if that'll give you exact copy of your H1-B filing form though.

  5. #5
    I was under the impression that if it is MY record (my H1 papers) I have a right...just like MY medical record at a doctor's office or hospital. Please clarify.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I was under the impression that if it is MY record (my H1 papers) I have a right...just like MY medical record at a doctor's office or hospital. Please clarify. </div></BLOCKQUOTE>

    YOUR record wasn't filed by YOU. It was filed on YOUR BEHALF.

    Besides; why do you want to see "what they filed?"

  7. #7
    Dmartmar...I am not sure if you are a lawyer or not but my lawyer is saying that i have rights to any filing that is done on my behalf..just like I have right to see what an employer puts in my employee record.

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">...my lawyer is saying I have rights to any filings that are done on my behalf. I just want to see what my employer put in my employee record. </div></BLOCKQUOTE>

    Look, lawyers will say ANYTHING to take your money. You should be asking your employer what they put in your record, not the USCIS. Why are you doing it behind their back? Have you thought that once they find out you did so, and they will, they'll send you back home? I mean, here they are taking care of you out of trust, yet here you are, doing things behind their back.

    Just goes to show how grateful you are to them.

  9. #9
    Dear LawQ,

    If you want a copy of your Immigration File you may complete and submit a G-639 form (FOIA) pursuant to the Freedom of Information Act. It may take months for the request to be completed but this is a sure way of getting a copy of your file. You do not have to have an attorney to file this form. You can go to the U.S. CIS website for a copy of the form. THIS IS NOT LEGAL ADVISE.
    Leviticus 19:33-34
    "When an alien lives with you in your land, do not mistreat him. The alien living with you must be treated as one of your native-born. Love him as yourself, for you were aliens in Egypt. I am the LORD your God."

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