View Full Version : H-1B question, Urgent Please Help!!!
07-15-2008, 11:46 PM
I am working for a consultant company and they have applied for H-1B visa for me. And they have told me that I am approved. I asked them for my receipt number but they did not give it to me. Because they want us to stay and keep working for them. They have been marketing me for 4 months and still they did not place me in a project yet. They pay me 250 $ + 200 $ grocery per month. And I am not allowed to look for a job without their agreement. And the problem why I am still on bench is that they are asking the clients for a very high rate. And they have asked us to make a fake resume of 5 years of experience. The actual experience which I have and most of the other guys here have is not more than 7 months. I have been with them since Feb/07. I got many other opportunities but since they are holding my receipt number I cannot leave them. Please guys suggest me what to do??
So is there a way I can get my receipt number from USCIS???:confused:
07-16-2008, 08:51 AM
Search for "Neufield' on the forum and follow the links and read through the memo.
Complain against the employer. Using that, you could possibly transfer. Benching without pay is illegal and if people silently agree to such exploits, it becomes a norm. Stand up for your rights.
07-16-2008, 10:32 AM
Also, you can even get a copy of your approval notice under Freedom of Information Act. You'll have to make a written request though. Search the internet for more information.
07-16-2008, 10:55 AM
I'm not sure if approval notice is covered under FOIA. I doubt it as it is employer's petition.
07-16-2008, 11:37 AM
USCIS is one of the agencies that falls under FOIA. I'll post links when I get some time to search for more information. It might be possible.
07-16-2008, 11:39 AM
Every public agency is covered under FOIA, no questions on that. What info can be obtained under FOIA is limited though. Would be interested in the reading material as I researched for it and decided a Nada for it couple of years back.
07-16-2008, 11:40 AM
USCIS Freedom of Information Act (FOIA) and Privacy Act (PA) Contact:
U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010
Fax (816) 350-5785
Making a FOIA or PA request:
1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required. Please see “How to make a FOIA or PA request” for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.
*Not all public agencies are covered AFAIK.
07-16-2008, 12:09 PM
Thanks all for your replies.
fax all requests for USCIS records, including alien files and procurement information, what does it mean? what is alien files and procuremenet information. can you please tell me what to fax? I dont have anything which shows that I have applied for H-1B.
07-16-2008, 12:39 PM
Forum members answering your queries on this forum take time out of their busy schedules to help you out. They can only lead you to a possible solution. YOU will have to do the rest.
Also, you can complain to the DOL and there is a provision that your immigration status wil not be compromised if it was the employer who was unlawful.
07-16-2008, 12:52 PM
The petition is protected by the privacy act as it will be a third party request from the beneficiary. A petition copy is unlikely to be obtained using FOIA.
Every public agency is supposed to be bound by FOIA except classified info or ones protected under the privacy act. I posted a link couple of days back to the CBP inspector's manual which was obtained using FOIA but parts of it were withheld as classified after a long court battle.
TYPE OF REQUEST
A request for access to records can be either a first party request or a third party request.
First Party Requester
A request for release of records by the subject of the records or his/her representative or attorney is considered a first-party request. The subject of the record must sign the request and/or provide proof of identity for the record to be released. If the subject of the record is a Lawful Permanent Resident (LPR) or a United States Citizen (USC), the signature must either be notarized or submitted under penalty of perjury as a substitute for notarization. See (6 C.F.R. § 5.21(d)).
To prevent a clearly unwarranted invasion of personal privacy, first party requesters are required to identify themselves by submitting their full name, current address, date and place of birth, and alien registration number.
Third Party Requester
When no consent is present and it does not appear likely that consent can be obtained, this is considered a third party request. Third party requesters are entitled to any public documents that may be found in the record and documents that they may have submitted on behalf of the subject of the file. This includes applications and petitions and documents relating to them.
Third party requesters without consent or proof of death will receive nonexempt information and records determined to be releasable under the FOIA.
07-16-2008, 05:21 PM
Oh OK. I thought it might be possible. I had not heard anyone being successful with this. Thanks for the info though.
07-16-2008, 05:34 PM
I tried to obtain the I797 copy for my spouse using FOIA long back and researched it. It proved futile and I ended up going through DOL complaint against the employer, employer cancelling the H1b, we filing for a transfer. The DOL investigator was able to get a copy of it from the employer but just allowed us to look at it and did not agree to give a copy of it.
Long story short, the saga of employer abuse continues with all these loopholes and USCIS has been getting better especially with the Neufield memo which promises some protection.