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mohanB
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Posted on 04-02-07 2:17
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My employer is about to file the H-1B for me within few days but he blackmailed me earlier while filing and lowered my salary for doing the filing. Now, for this reason, I want to change my employer after I get the H-1B but I believe this guy will not give me the receipt number or the approval letter even if my H-1B is approved. Can I still transfer my H-1B presenting some kind of ID or my SSN? Does the law require my employer to give me the approval number once it is approved? Please help me guys.
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h1b
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Posted on 04-02-07 2:24
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Yes.Law requires employer to give you your approval notice.If you have doubt in his intention,find some other company and apply for H1b now rather than waiting for approval and transfering later.
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Daddy
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Posted on 04-02-07 2:29
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Tera to pungi baj gayaa re Mohan babua. Ab tera kya hoga re kaaliyaa?? :) Just kidding. Man you can get your employer in trouble if he doesn't give you your receipt number, tell him you will report to USCIS and he'll give it to you.
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batuwa
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Posted on 04-02-07 2:47
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MohanB, The lawyer must provide you the receipt number. Just don't fight with them now, losing your temper. I know how you might be feeling in this situation. Ask the lawyer nicely first. If nothing works, then report USCIS. Once it's approved, find some ways to get a "copy" of H1B. Tell him that you need a copy because you have to renew driving license or something.. Consult with an experienced lawyer, who can transfer your H1B to another company. There must be some ways to transfer H1B without joinning that company. Legally they can, but the USCIS may ask you for paystubs.. stuffs like that to transfer.
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mohanB
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Posted on 04-02-07 3:04
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Thanks Guys. I don't have time to look for a new employer now.So, I've to accept whatever my employer tells me now. If I have the paystubs can I transfer later even without the copy of the H-1 approval? Alternatively can I get my passport stamped after the approval? What are the valid reasons for asking my lawyer for the receipt number?
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batuwa
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Posted on 04-02-07 3:18
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MohanB, There is no valid reason to ask for receipt number when you deal with such employers or lawyers. One reason you can tell him is that you want to check your case status online everyday, so you need the receipt number. If you have no other options, then wait till he says it's approved. He must give you an Orginal H1B approval notice when you travel outside of the US. He must give you a copy of approval notice when you renew your driving license. Just make a reason that you desperately need H1B approval notice. If nothing works, then report it... After all, it's all illegal for him not to provide you receipt #. To transfer, you need a couple of paystubs and copy of H1B.
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mohanB
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Posted on 04-02-07 3:28
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Thanks Batuwa and everybody. But if I report to USCIS and he fires me won't I be out of status immediately? What about getting the passport stamped? Will I get a new SSN after the approval or it will remain the same?
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mohanB
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Posted on 04-02-07 6:24
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batuwa
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Posted on 04-03-07 9:11
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MohanB, I guess no1 came to help you, so here i am. What is your current status? Are you in OPT or F1 or tourist visa? Since you have NO OTHER OPTIONS than go after that company, why you jumpin to conclusion of reporting. Just wait and see what they do. Getting SSN or passport stamp is distant matter.. don't worry about that right now. First get your H1B approved, get a couple of paystubs, and transfer.
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mohanB
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Posted on 04-03-07 9:30
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Thx Batuwa I'm in OPT nowwhich is valid till this October. My employer told me that they are applying for the H-1 today. Since that guy screwed me up at the last minute I'm not interested to work for him for too long. Is the paystub sufficient for transfer later?
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Rusty
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Posted on 04-03-07 9:47
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MohanB Check your email that u used to register sajha nick.
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Daddy
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Posted on 04-03-07 9:51
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Does anyone know the link on uscis website that has the info on whether the H1 cap has been reached yet?
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anthony15
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Posted on 04-03-07 1:36
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Here is the link for Press Release by USCIS http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
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mohanB
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Posted on 04-03-07 5:05
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Thanks Guys A message for the SAJHA ADMINISTRATOR: san, why don't you create separate subfolders under kurakani for immigration matters, political discussions and so forth..This way users can jump to whatever they want directly like in other forums. Rusty, I've replied to your message. Thanks man.
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