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I have valid H1B but do not have the copy of petition. How to get the job in US?

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  • I have valid H1B but do not have the copy of petition. How to get the job in US?

    Hi Guys,

    From my previous employer i got H1B visa in June 2013 and it is going to expire in Sept 2015. Due to some reasons i left my previous employer without visiting US at least single time and sadly i do not have the petition copy (not even xerox) with me. When i checked with HR department of my previous employer about petition copy, all they said is they have discarded it and actually i do not need the petition since it might have expired by now. Currently all i have is Visa, Passport, D160 etc.

    Now if I want to get Job in US, having Petition copy is mandatory??? I checked with local consultant. He is saying it is mandatory. Otherwise I would require to pay around 3 lakhs to get petition filed from my new employer (of US).

    Please advice me.

  • #2
    Originally posted by sumannitjsr06 View Post
    Hi Guys,

    From my previous employer i got H1B visa in June 2013 and it is going to expire in Sept 2015. Due to some reasons i left my previous employer without visiting US at least single time and sadly i do not have the petition copy (not even xerox) with me. When i checked with HR department of my previous employer about petition copy, all they said is they have discarded it and actually i do not need the petition since it might have expired by now. Currently all i have is Visa, Passport, D160 etc.

    Now if I want to get Job in US, having Petition copy is mandatory??? I checked with local consultant. He is saying it is mandatory. Otherwise I would require to pay around 3 lakhs to get petition filed from my new employer (of US).

    Please advice me.
    At least the receipt number is required. Otherwise if you are the adventurous type you can try the FOIA to get the details.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      At least the receipt number is required. Otherwise if you are the adventurous type you can try the FOIA to get the details.

      This is my opinion not legal advice.
      I have Receipt Number with me. Can you please tell me how can i proceed further?

      Comment


      • #4
        Find an employer who is willing to file cap exempt H1 for you based only on the receipt. The trouble is that technically there is no way to determine if the receipt belongs to you.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          Find an employer who is willing to file cap exempt H1 for you based only on the receipt. The trouble is that technically there is no way to determine if the receipt belongs to you.

          This is my opinion not legal advice.
          I have printout of D160, in which i can see my name passport number along with the receipt number. Won't these prove that the petition is mine?

          Comment

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