Entitlement to RFE

[nverma]

Hi,

My friend applied for an H1 transfer through an employer, but uscis asked some clarifications in RFE and later denied the transfer.

Now my friend wants to go for H4. But just to have all the documents for long future, he asked a copy of RFE from his employer, but the employer is refusing to provide the documents... saying that its company confidential.. (the employer is like a 1 or 2 man company anyway)...

is that really legal for the employer to do so?

I wanted to know what all documents is my friend entitled to have legally?
Atleast he should be entitled to have a xerox copy of his own RFE ??

thanks for any help.

[arajesh19]

Hi,

My friend applied for an H1 transfer through an employer, but uscis asked some clarifications in RFE and later denied the transfer.

Now my friend wants to go for H4. But just to have all the documents for long future, he asked a copy of RFE from his employer, but the employer is refusing to provide the documents... saying that its company confidential.. (the employer is like a 1 or 2 man company anyway)...

is that really legal for the employer to do so?

I wanted to know what all documents is my friend entitled to have legally?
Atleast he should be entitled to have a xerox copy of his own RFE ??

thanks for any help.

--- The employer is the petitioner for the employee. Hence the employer is entitled to keep all the documents in their possession. In most/many cases, the employer will not provide a full word-to-word explanation of the documents/evidence required by the USCIS, rather they would only ask the employee for evidence and documentation which the employee is required to produce.

I don't think there is a legal option for your to pursue to get the RFE copy, but maybe seniors would be able to answer this more effectively.

Thanks
Rajesh