Original Petition document with Employer

[chetashri.mira]

Hello,

I got my H1B stamped recently through employer A. I am still in India and will not be travelling soon.
My employer is insisting on keeping the original petition (with I797 form) copy with them. As far as I know, petition is your personal document and needs to be with you.
Also, In case I do not have the original petition with me and wish to transfer my visa to another employer in future, how will this affect me? Right now, my employer is not interested in sending me to US and my visa is valid only for one year. If my visa expires and I have not travelled to US, what chances do I have to transfer the visa from India before or after the visa is expired?

Please guide as I am really confused why my employer wants to keep the petition with them.

Regards,
C

[kabkaba]

The petition belongs to the employer not you. They are only required to give you the bottom part of the approval notice for Visa application and travel. But most will give you the entire notice. A copy is sufficient for you to claim cap-exemption, when a different employer files for you.

[chetashri.mira]

The petition belongs to the employer not you. They are only required to give you the bottom part of the approval notice for Visa application and travel. But most will give you the entire notice. A copy is sufficient for you to claim cap-exemption, when a different employer files for you.

Thank so much kabkaba. So I can apply for a cap exempt application with present or another employer even if I am in India? Or I need to be in US to do so?

[kabkaba]

That can be done while abroad, but you will need at least the receipt number for the petition.

[gv_Ramana]

I 797 original requested by employer

Hello,

My H1B visa stamping is done recently. During the interview I have taken the I 797 original with me. Now my employer is asking me to send the I797 original. I haven't travelled to US yet, and I am still in India.
I understood from several forums that I 797 is not a travel document. I am not very sure if it is mandatory document required during H1 transfer.

I do not understand my employers intentions in asking me to submit the I 797 original.

Kindly let me know whether I should submit the document or not?

[kabkaba]

Just keep copies with you.

[gv_Ramana]

Just keep copies with you.

Do you mean hand over the original and keep the copies with me?

[kabkaba]

Yes