Legal Question in Immigration Law in Ohio

I have a question about my H1 which was applied in 2014 cap.

My employer applied for my H1 in 2014 and it got denied at first. After that my employer appealed against the denial and it got approved in November.

By that time my status got changed from L2 to H4 so i had to stopped working from Oct 1.

Now my employer is not getting any project so that he can recruit me so they are telling that they will revoke my H1.

I have a following questions:

1. Can i get the original copy of my 797 from USCIS as my employer is not sharing with me.(Although i have a soft copy)

2. Can i transfer that newly approved H1 to other employer who can give me the projects? (As its not initiated).


Asked on 1/14/15, 8:12 pm

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

Your approval notice should be a part of the public access file and therefore available to you. You have an issue here if you have not been employed by the H-1B employer and may have a case for backwages if they have not employed you. You can transfer from the H-4 (so long as you're in status now) to another H-1B. There may be an issue, and your counsel may need to argue, that your H-1B that counted against the cap could still be used for your transfer. The primary issue is that you have not worked on that H-1B. Something to discuss with counsel.

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Answered on 1/15/15, 12:29 pm


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