Discussion:
I was working with my previous employer from June 2003 - June2004 after which I got a job with the current employer.
My current employer was able to do the H-1B transfer without my previous H-1B approval notice.
Now my current employer is planning to file for my H-1B extension/revalidation for which my attorney is asking for previous employers approval notice which I dont have because of the following reasons,
1. My previous employer was not giving me the H-1B documents thinking I would leave the company, eventually I left without the H-1b.
Now my question is, is there a way I can apply for a duplicate H-1B of my previous employer. (Its been two years since I left the company and now they are telling they lost my H-1 documents).
Please could someone guide me regarding this. ASAP.
Answer:
Its surprising that you don't even have a copy
Did they not give you the originals at the time of your h1 stamping?If they did and I am sure they did, you should have made photocopy of all the docs and kept it
It is illegal not to give the employee the H1 documents
Answer:
unfortunately they are morons and they never gave me the original all I have is experience letters, pay stubs, LIN number and the print out from the INS website saying that the LIN is approved.
Answer:
It is illegal not to give the employee the H1 documents (specially I797, as its specifically for employee).
You can search USCIS website as I am sure that there is a form to have duplicate petition. But for that, you need your previous employers help, as it should be filed by employer.