Employer Not providing H1B receipt Number and Copy.

[ayugarg]

Hi

I am currently working on H1B. I decided to change the Job and started my process with another employer.
In the mean time my current employer convinced me to stay back.

Now the other employer with whom I started the process claims that he has started the H1 Transfer process (which I am 99% sure that he has not) and is asking money to withdraw the case.

He has refused to provide the detail for H1B receipt and copy.

Is there a way to know whether he has filed the H1 or not? Is it possible to get the copy of H1B receipt in any other way.

Please advice.

Thanks
Ayush Garg

[raghvi]

Hi

I am currently working on H1B. I decided to change the Job and started my process with another employer.
In the mean time my current employer convinced me to stay back.

Now the other employer with whom I started the process claims that he has started the H1 Transfer process (which I am 99% sure that he has not) and is asking money to withdraw the case.

He has refused to provide the detail for H1B receipt and copy.

Is there a way to know whether he has filed the H1 or not? Is it possible to get the copy of H1B receipt in any other way.

Please advice.

Thanks
Ayush Garg

Have you signed any bond with the new employer? Signed any immigration papers for them? If not , and you have decided to stay with current employer then ignore the other employer.

This is my opinion not legal advice.

[ayugarg]

Have you signed any bond with the new employer? Signed any immigration papers for them? If not , and you have decided to stay with current employer then ignore the other employer.

This is my opinion not legal advice.

Thanks for the response.
No I haven't signed any bond or immigration papers. But during H1 Transfer, I think we dont have to sign anything. I might be wrong. Also there is something called last action rule that I am worried of.

[kabkaba]

Transfer is not really a transfer. As long as you continue working with the current employer as per the current employer's petition, you are fine.

[ayugarg]

Transfer is not really a transfer. As long as you continue working with the current employer as per the current employer's petition, you are fine.

Thanks for responding. I might have a wrong idea but the problem as I understand is that if the petition from the second employer is approved then the I94 from that petition will be valid. If that I94 is of lesser duration than my current I94 then there is a possibility that I might over stay (as I wouldn't know about it) which can create a problem.

Thats what I understood of the last action rule.

Any further advice on this will be helpful.

[raghvi]

Thanks for responding. I might have a wrong idea but the problem as I understand is that if the petition from the second employer is approved then the I94 from that petition will be valid. If that I94 is of lesser duration than my current I94 then there is a possibility that I might over stay (as I wouldn't know about it) which can create a problem.

Thats what I understood of the last action rule.

Any further advice on this will be helpful.

You can continue to work with current employer as long as current employer's I-94 is valid. What you mentioned about I-94 is true for Change of Status. But since you are doing a H1 to H1 you basically get a choice of the employer on whose petition/I-94 you want to work.

This is my opinion not legal advice.