Is it legal for the employer to keep the H1 petition with himself?

[coollife]

I have my H1 petition filed in 2008 and I am currently on H4.

My employer hasn't given my H1 petition to me till now. As I came to US on H4, he didn't send me the petition papers and after coming here, when I asked him to send me the H1 petition papers, he said that he needs them for the COS process, when I get a project.

It's almost 6 mnths and he couldn't place me till now. Since he clearly said he can't give me the original papers, I requested him to send at least a copy of it.

Now, looks like, he doesn't even want to send the copy of the petition.

The reason that he says for not sending me the original as well as copy is that, I am on H4 and I don't need any of them.


I want to know

* Whether it is legal to keep the petition papers with himself when I am on H4.
* what can be the reason for holding my petition with him?
* How can I get the papers from him?
* Can we use the tracking no that he sent me when H1 was approved to get the details about my H1?

Also, I heard that, if we have the tracking no and if anyone is interested in offering a position for me, the new employer can get the papers from USCIS with the help of tracking no and initiate the rest of the process w/o the need of my actual employer. Is this really true?

I am really worried now. Please help me out.

[shervin143]

* Whether it is legal to keep the petition papers with himself when I am on H4.
>>>> Yes, since H1B petition is an employer's document. As long as you are in H4, he doesn't have to give it to you. It is required for visa stamping, re-entry into U.S and as a proof when you start working (To validate your COS to H1B).

* what can be the reason for holding my petition with him?
>>>> Maybe he doesn't want you to transfer to any other company.

* How can I get the papers from him?
>>>> Once you get a project you can ask him for a copy of it as a proof to validate that your COS is approved (H4 to H1B). Since it is illegal to work in H4.

* Can we use the tracking no that he sent me when H1 was approved to get the details about my H1?
>>>> If you know the receipt number and if you are sure that your H1B is approved, then you can use that to transfer your H1B to a different company.

Actually, you don't even need that since the H1B quota is still open. Find a new employer and ask him to file a new H1B petition for you.

[coollife]

Thanks Shervin for the reply.

I can go for a new H1B, but I have paid lot of money to this guy. I am just worried losing tht.

* Can we use the tracking no that he sent me when H1 was approved to get the details about my H1?
>>>> If you know the receipt number and if you are sure that your H1B is approved, then you can use that to transfer your H1B to a different company.

I have the receipt no, but I can't get any details when I check the case status online in the USCIS site. It just gives the date when the notice was mailed and also the status says 'Post Decision activity'. What does the status mean? How can I get the details to check if the H1B petition is really on my name?

Also, can you please give me the form no that contains these details?

[kabkaba]

You are already cap counted, your new employer can use the receipt number to file a petition for you anytime. Don't pay for H1 it is illegal.