Previous original h1-B needed for stamping?

[sv_ramana99]

Hello,

I am in the process of getting transferred to a new compay and i am on h1-B visa and my previous employer says he is not leggally supposed to give me my original h1-B approval and just gave me a copy. I am not sure if this will be an issue for me when I go for stamping back to india or canada or will this original previous h1-b needed anywhere later in GC process? If legally the ex-employer has to give me the original is there any link I can show and convince him? Please Help as I am still under his payroll till this month end????

[Subramanya]

H1 issues

I am in the process of getting transferred to a new compay and i am on h1-B visa and my previous employer says he is not leggally supposed to give me my original h1-B approval and just gave me a copy. I am not sure if this will be an issue for me when I go for stamping back to india or canada or will this original previous h1-b needed anywhere later in GC process? If legally the ex-employer has to give me the original is there any link I can show and convince him? Please Help as I am still under his payroll till this month end

---- NO, it is not an issue. However the copy is important at all stages. Also, remember that on the approval notice (H1 petition) it is clearly mentioned that the employer need not give you the petition and it is for the employer to keep it with them.

---- At the US Consulate during a Visa interview the previous H1 does not play a role as you are only applying for a Visa based on the current and valid H1 petition

---- Many employers do give the petition to the candidate, but some go strictly by the printed word. However, you should be having the I-94 that is attachedto the bottom of the H1 petition as that needs to be handed over to the airline authorities while traveling overseas (while retaining a copy with you for records)

Subramanya