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Do I need original H - 1 approval petition for H - 1 Transfer with another employer ?

Austin, TX |

Hello experts : I am working for a small company and H - 1 - B is approved . I have the scanned copy of approval . The originals are still with the employer . My dependents have H - 4 approved around 4 weeks ago . as per on line tracker on LUSCIOUS site using my receipt # . At this stage , I am having a good offer from one of the reputed organization and they are ready for my H - 1 transfer . I have few questions : 1 . Is it possible for the new employer to transfer H - 1 in my case on the basis of scanned approved document ? since I do no have the originals ? 2 . If I insist my current employer to send the originals , they might get an alert about my thought process of switching job . 3 . If my new employer files 1 transfer , will it also take care of my H - 4 ? I do not have 4 scanned or original . Only receipt # .

Please excuse the formatting and the default Spell Check. LUSCIOUS = USCIS

Attorney Answers 4

Posted

Original is only needed for an embassy interview. Otherwise a copy is OK.

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Asker

Posted

Regarding H4, I do not have the original and copy. I just have a receipt number. USCIS status tracker says it is approved. Can my new employer handle H4 without a copy?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

yes

Posted

H1B transfer is a commonly used phrase, but it is not really a transfer. Your new employer must file a new H1B application, but you are not subject to the annual H1B can and can start work with the new employer once you have a receipt for the new filing. You will also need new H4 applications. Copies will do. You should consult with an immigration attorney who handles employment Visas to make sure it is done properly.

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Regarding H4, I do not have the original and copy. I just have a receipt number. USCIS status tracker says it is approved. Can my new employer handle H4 without a copy?

K Alexandra Monaco

K Alexandra Monaco

Posted

If you have at least copies of receipts, attorney should be able to print out status online and provide an explanation that previous employer is withholding copies of approvals. This may hold up the process. Check with a local immigration attorney near you.

Asker

Posted

I understand.... I just have the receipt number and not the copy of the receipt. USCIS tracker shows status as approved. But it however does not have the name of my dependents. Thanks for your patient replies. Would have been great if I could just contact USCIS and ask for my copies as they are indeed mine.

Posted

I agree with my colleagues

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Posted

Copy ok unless embassy interview.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

Sir, What are your views on H4? Regarding H4, I do not have the original and copy. I just have a receipt number. USCIS status tracker says it is approved. Can my new employer handle H4 without a copy?

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