Employer not giving job

[questionbys 0]

Hello

I Got passed through H1 B Lottery system in 2008 ,I asked my Employer to give my documents so that i can give H1 b interveiw and get my H1,but he didnt got ready and said that due to recession we dont have jobs so i will give you document when we will have jobs,he just send me the scanned copy of approval i.e I797

I ahve copy of I797

After few months i got married and now i am on F2 visa in USA ,i told him that i will find my job myself as i am in usa now ,i told him to give my documents but he is giving execuses and tells me either to wait for job or to file new H1

I m worried now...Please suggest what should i do next

how Can i file for H1B work visa now in USA with approval copy (I797) i have or can i do some transfer ??how much it will cost me???,i dont have original as employer has just given me copy of h1 b approval

pls suggest

[Usui Takumi 1,562]

I don't know much about the H1b and its process but generally there is always a way to get new original copies of an approval notice from USCIS (with a sizeable fee of course) if the employer won't release it. Make an infopass appoint at your local office.

Edited October 22, 2009 by Sousuke

[Darnell 8,478]

The H1-B requires a sponsering company, to begin with.

Sure, you got a sponsering company, but they have no job for you.

That H1-B visa is tied to that company - it's in THEIR H1-B Visa Count.

It's possible to get it 're-homed' to another company, but it's tedious, and involves negotiations between a new company and the H1-B sponsering company. Plus you need to find a new company to handle all of that mess.

The sponsering company has no legal requirement to give you your paperwork, none at all.

They can give it to another company, if the negotiation is successful.

I'm not a lawyer, nor do I play one on TV - I only know of H1-B from sponsering workers in the past.

[Kathryn41 3,205]

Is your wife a US citizen?

[Boiler 45,466]

Is your wife a US citizen?

Why would she need a F1?

Get a job somewhere else and get them to sponsor you.

[Kathryn41 3,205]

If his wife is a US citizen she can sponsor him. I should have said 'spouse' - I was assuming the OP is male, but could also be female.

Edited October 23, 2009 by Kathryn41

[Boiler 45,466]

If his wife is a US citizen she can sponsor him. I should have said 'spouse' - I was assuming the OP is male, but could also be female.

Still begs the question, spouse is F1

[Mike's Lucy 14]

Who can an H1B alien (foreign national) work for?

H1B aliens can only work for the petitioning US employer (sponsor company) and only in the H1B activities (job duties) described in the visa petition. The sponsoring US employer may place the H1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H1B aliens may work for more than one US employer, but must have a Form I-129 petition approved by each employer.

What if the foreign nationals circumstances change?

As long as the foreign national continues to provide HB services for a US employer, most changes will not mean that an foreign national is out of status. A foreign national may change H1B employers without affecting status, but the new H1B employer must file a new Form I-129 petition for the foreign national before he or she begins working for the new employer. The merger or sale of an H1B employer's business will not affect the foreign nationals status in many instances. However, if the change means that the foreign national is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

Edited November 12, 2009 by Mike's Lucy