How to Obtain H1B Approved Petition from USICS?

[udhayshanker]

Hi,
I face a very peculiar situation.

I had an approved H1B petition (EAC1203750852) which was filed by previous employer. Before getting stamped I resigned and joined New Employer on 11-Apr-2012. My H1 Petition got expired on Mar 2013 .I had checked the USICS site it shows Post Decision Activity.

My Current employer is ready to renew my existing H1B petition, Issue is Previous employer is not giving me the approved petition. Is there is any way to get approved petition copy from USICS. If so can you please let me know the process for the same. Please help me on this regards .. As my current employer is asking for the same..

Thanks and Appreciate your responses
Udhays

[raghvi]

Hi,
I face a very peculiar situation.

I had an approved H1B petition (EAC1203750852) which was filed by previous employer. Before getting stamped I resigned and joined New Employer on 11-Apr-2012. My H1 Petition got expired on Mar 2013 .I had checked the USICS site it shows Post Decision Activity.

My Current employer is ready to renew my existing H1B petition, Issue is Previous employer is not giving me the approved petition. Is there is any way to get approved petition copy from USICS. If so can you please let me know the process for the same. Please help me on this regards .. As my current employer is asking for the same..

Thanks and Appreciate your responses
Udhays

It's the employers petition hence they have right not to give it to you. And USCIS is not bound to give it to you either.

This is my opinion not legal advice.

[udhayshanker]

Thanks Raghvi

Thanks Raghvi,

I have paid 2.5laks as bond for H1B , Since i have resigned them they have collected the amount. Still will that hold good that they cannot give it ? After me paying Visa bond fees ?

Thanks
Udhay S

[raghvi]

Thanks Raghvi,

I have paid 2.5laks as bond for H1B , Since i have resigned them they have collected the amount. Still will that hold good that they cannot give it ? After me paying Visa bond fees ?

Thanks
Udhay S

Well these are something's to plan before resigning, you should not have paid the amount without getting the approval notice. I don't know what were the wordings of the bonds between you and your employer but paying for Ones H1 is illegal. It's a different matter if you want to pursue this with the department of labor by first accepting that you were part of something illegal. The employer is the only way for getting the details of the petition, I doubt if USCIS will be able to help you.
If you have the receipt number you can try to convince the new employer to file a transfer using that, again if they are willing to do so.

This is my opinion not legal advice.

[sam2075]

Well these are something's to plan before resigning, you should not have paid the amount without getting the approval notice. I don't know what were the wordings of the bonds between you and your employer but paying for Ones H1 is illegal. It's a different matter if you want to pursue this with the department of labor by first accepting that you were part of something illegal. The employer is the only way for getting the details of the petition, I doubt if USCIS will be able to help you.
If you have the receipt number you can try to convince the new employer to file a transfer using that, again if they are willing to do so.

This is my opinion not legal advice.

I believe you can file for transfer/renewal with your EAC number, yes it will be good to have a copy of the approval but i don't think it is required. Pl check with your attorney.