Employer not giving H1b papers

[PerfectQuery]

Employer is refusing to give H1b papers. He has my approval notice but
is refusing to give the papers?
Is there anyway to get my H1b approval notice?
Can I apply for new H1 through another company in 2009 quota?
Its urgent.
Thanx.

Swetha

[cncd1]

You can reapply on 2010 quota (April 2009).

If you are in US, a consultation and letter from an attorney may convince your employer to release them to you.

[PerfectQuery]

My employer told me several times that h1b petition is approved. But he doesnot have projects currently. I live in Seattle,USA.
I came on H4 to US and later my employer applied for H1.
When I contacted employer about why its getting delayed he says that the petition is approved like I am in Delhi, India and not in Seattle. He says he applied for H4 to H1 change and is pending for the past 5 months. I dont know whatever he says is true. My life is hanging in balance.
Now Neither he is giving me work, nor paying me, nor allowing me to look for employment elsewhere. I feel bad since he doesnt show any paper to me. Kindly help me with possible options.

Swetha

[cncd1]

The petition belongs to him not you. There is no way you can get information other than from your employer. Follow my advise above. If you are in Seattle, you can easily find an immigration attorney.

Since you are in Seattle, there is only a miniscule chance that you can find a job with all of the layoffs of even very experienced personnel. The company that my son works at in Seattle - not Microsoft - laid of 7% of its workforce including perople in his group. Rest assured when companies are laying off people with experience, credentials and elite certifications like my son's group requires, someone with little or no experience working in the US has no chance of employment in a position that qualifies for H1B.

Your employer is correct that he does not have a job for you; you have very little chance of finding one elsewhere. This is not what you want to hear but is the plain truth. If you are able to obtain your petition, when you find a job, you can have the new employer file a new petition not under cap. You will need to exit the country for stamping and then be able to work on H1B. I say this because I susoect that your petition was filed as COS, and you are out of status. If this is indeed the case, you will need to exit to Canada and use your H4 stamping to return.

[cncd1]

Statistics to back up my statements. The Bureau of Labor Statistics is the government agency which tracks employment data.


The United States lost 260,000 information technology jobs in the fourth quarter, a 6.4% drop from the previous quarter, according to data posted this week from the Bureau of Labor Statistics.

[PerfectQuery]

I just read through what you wrote and am thinking over it. Why do you think I could be out of status? I think I will be on H4 only.

Do you suggest I file for a fresh H1 from a different lawyer under the new 2010 cap forgetting the old one?

Do you think it would be lottery again, and chances being minimal?
can you give me your assessment this time please?

I heard the companies are making H1 tough now? Is it true?

sorry for delay. i was not well and did not logon.

Sweta