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  #1 (permalink)  
Old 02-07-2012, 03:25 PM
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Default Employer not providing I-129 with I-797

Hi all,
My wife recently got her H1-B approved for an employer who provided her with only I-797 approval notice. However, when we asked about I-129 they started making excuses that it is not required to be sent to the employee any more.

As far as I know I-129 is part of the H1-B approval packet that the employer is required to provide to the employee. Has there been recent change in law that mandates/makes it optional?

If after gentle requests the employer still refuses to provide this form is there any other way of receiving it? If there is no way then should we file a complain with the DoL?

I will really appreciate any responses...
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  #2 (permalink)  
Old 02-07-2012, 04:55 PM
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Default

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Originally Posted by rish_jain View Post
Hi all,
My wife recently got her H1-B approved for an employer who provided her with only I-797 approval notice. However, when we asked about I-129 they started making excuses that it is not required to be sent to the employee any more.

As far as I know I-129 is part of the H1-B approval packet that the employer is required to provide to the employee. Has there been recent change in law that mandates/makes it optional?

If after gentle requests the employer still refuses to provide this form is there any other way of receiving it? If there is no way then should we file a complain with the DoL?

I will really appreciate any responses...
Is there any particular reason that you need I-129?
I-797 is sufficient for whatever your need may be
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  #3 (permalink)  
Old 02-07-2012, 09:39 PM
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Originally Posted by belmontboy View Post
Is there any particular reason that you need I-129?
I-797 is sufficient for whatever your need may be

Unless the rules have changed in the last few months, I-129 is required when going for visa stamping because the consular officer might ask to see it.
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  #4 (permalink)  
Old 02-08-2012, 12:01 AM
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Default My input

Couple of years ago, I was in similar situation. However, when I told I need to have for visa stamping then my employer send me copy of package. If you intent to not to travel out of country then I think you just need I-797 approval.
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Old 02-08-2012, 09:57 AM
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Default

Thanks for your response. I hope the employer will provide I-129 when we plan to visit India but this seems to be just another tactic of these desi consultants to get quasi bonded labor because to switch jobs and H1 transfer we need to show I-129 and they won't provide it....
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  #6 (permalink)  
Old 02-08-2012, 11:07 AM
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i don't think you need I-129 to switch jobs. Your current I-797 approval notice is enough.
and yes, while going out of country for stamping, it would be a good idea to have that since the CO might ask for that.
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Old 02-09-2012, 10:30 AM
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Originally Posted by rish_jain View Post
Thanks for your response. I hope the employer will provide I-129 when we plan to visit India but this seems to be just another tactic of these desi consultants to get quasi bonded labor because to switch jobs and H1 transfer we need to show I-129 and they won't provide it....
Though I understand your situation and dilemma, i couldn't really over look the double standards. Firstly u needed H1 for your wife which you got it done by an workshop desi employer which was OK by when the employer is not abiding by ur rules u say the above... Why didn't you in the first place go with some good company and get a H1 where they actually have a job in place already and file the h1 later. No you need the comfort zone of desi employer who will help during the not having job period w/o revoking H1 and also blame them for your situation when it was ur decision in the first place to be in the place ur in. Please take responsibility for your actions. BTW, as others said tell him ur going for Visa stamping and he will send you I-129.
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  #8 (permalink)  
Old 02-09-2012, 10:59 AM
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Originally Posted by spulapa View Post
Though I understand your situation and dilemma, i couldn't really over look the double standards. Firstly u needed H1 for your wife which you got it done by an workshop desi employer which was OK by when the employer is not abiding by ur rules u say the above... Why didn't you in the first place go with some good company and get a H1 where they actually have a job in place already and file the h1 later. No you need the comfort zone of desi employer who will help during the not having job period w/o revoking H1 and also blame them for your situation when it was ur decision in the first place to be in the place ur in. Please take responsibility for your actions. BTW, as others said tell him ur going for Visa stamping and he will send you I-129.
Oh so just because we are being cheated by this consultant you just assume that we went with a Desi company because we couldn't find a job with a good company and then decided to blame the consulting company for all the troubles.

Well first of all get off your high horse and stop assuming that everyone is doing something wrong and has double standards. My wife did get a job through this consultant but only on the recommendation of one the premier software company (you want to know the name....then PM me) that really wanted her to work with them as a test lead (just so you know - at a pay rate of over $65 per/hr that also in TX) but could not sponsor her H1 because of internal restrictions about hiring H1's at that time. They themselves suggested this consulting company because they are the preferred providers and do sponsor H1's. Then USCIS decided to issue 1st RFE for premium processing asking for more documents regarding employee-employer relationship whose response etc took almost 1 mths and then when they issued RFE for the second time about her legal name change and we repsonded but USICS did not even show as being received for almost 1mth despite repeated attempts by the attorney to contact them and resend them the response. When they finally approved it in Jan, it was already about 3 mths and the company decided to hire a US citizen after getting frustrated with this process.

So in essence we were screwed because of USCIS and and are now stuck with a H1 that we really cant really use and this stupid company now wants to hold back the documents that we are entitled to and wait until next offer comes along and you come in and instead of adding something useful you decide to blame us for having double standards.....all I can say is well done!
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  #9 (permalink)  
Old 02-09-2012, 11:45 AM
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Default

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Originally Posted by rish_jain View Post
So in essence we were screwed because of USCIS and and are now stuck with a H1 that we really cant really use and this stupid company now wants to hold back the documents that we are entitled to and wait until next offer comes along and you come in and instead of adding something useful you decide to blame us for having double standards.....all I can say is well done!

With all your explanations --- why do you now want the papers ? You are not planning to work for this company and planning to change back to H4. So , you do not need these for Visa Stamping. If another employer want to hire you , just let them file a new H1 for you.

From company's perspective, they have spent a good lot of money for your H1 and so they will definitely want you to work for them.
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  #10 (permalink)  
Old 02-09-2012, 12:00 PM
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Default Interesting

umm..., it's a test lead position..not too impressed ! So is she on bench??

Quote:
Originally Posted by rish_jain View Post
Oh so just because we are being cheated by this consultant you just assume that we went with a Desi company because we couldn't find a job with a good company and then decided to blame the consulting company for all the troubles.

Well first of all get off your high horse and stop assuming that everyone is doing something wrong and has double standards. My wife did get a job through this consultant but only on the recommendation of one the premier software company (you want to know the name....then PM me) that really wanted her to work with them as a test lead (just so you know - at a pay rate of over $65 per/hr that also in TX) but could not sponsor her H1 because of internal restrictions about hiring H1's at that time. They themselves suggested this consulting company because they are the preferred providers and do sponsor H1's. Then USCIS decided to issue 1st RFE for premium processing asking for more documents regarding employee-employer relationship whose response etc took almost 1 mths and then when they issued RFE for the second time about her legal name change and we repsonded but USICS did not even show as being received for almost 1mth despite repeated attempts by the attorney to contact them and resend them the response. When they finally approved it in Jan, it was already about 3 mths and the company decided to hire a US citizen after getting frustrated with this process.

So in essence we were screwed because of USCIS and and are now stuck with a H1 that we really cant really use and this stupid company now wants to hold back the documents that we are entitled to and wait until next offer comes along and you come in and instead of adding something useful you decide to blame us for having double standards.....all I can say is well done!
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  #11 (permalink)  
Old 02-09-2012, 02:12 PM
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Originally Posted by sorcerer666 View Post
umm..., it's a test lead position..not too impressed ! So is she on bench??
It wasn't meant to impress....it was simply a response to someone who assumed that people have dual standards and are cribbing because they can't find a job at a "good" company. But since you brought this up, the only person above her in that role were Directors and V.P. etc at a >39Billion dollar company listed at NYSE. I am assuming that's where you stand and that's the reason you are not too impressed?
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  #12 (permalink)  
Old 02-09-2012, 02:39 PM
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Default Hm...

You are so arrogant, when asking for free advice, no wonder the employer is not agreeing to your demands!

Quote:
Originally Posted by rish_jain View Post
It wasn't meant to impress....it was simply a response to someone who assumed that people have dual standards and are cribbing because they can't find a job at a "good" company. But since you brought this up, the only person above her in that role were Directors and V.P. etc at a >39Billion dollar company listed at NYSE. I am assuming that's where you stand and that's the reason you are not too impressed?
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Old 02-09-2012, 02:40 PM
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Originally Posted by krishmunn View Post
With all your explanations --- why do you now want the papers ? You are not planning to work for this company and planning to change back to H4. So , you do not need these for Visa Stamping. If another employer want to hire you , just let them file a new H1 for you.

From company's perspective, they have spent a good lot of money for your H1 and so they will definitely want you to work for them.
Thanks, so does that mean that if she goes for H-4 visa stamping again she won't be asked about her previous H1 or asked to show paystubs to prove that she was in legal status as long as she was in the US? Please correct me if I am wrong but as far as I know, since she is already in the US she now has a H1 status (her CoS was also approved) and she might be considered out-of-status if the consulting company doesn't let her join until they find a new client.

I have never had any employer hold back I-129 so this was something completely new but seeing most of the responses it seems that this is something that consulting companies and maybe some of the smaller companies do to protect their investments.
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Old 02-09-2012, 02:42 PM
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Originally Posted by calif View Post
You are so arrogant, when asking for free advice, no wonder the employer is not agreeing to your demands!
I may seem arrogant from my responses to people who assume that other are just trying to play the system but can you please tell me how it is wrong to ask for I-129 which may be asked during visa stamping?
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  #15 (permalink)  
Old 02-09-2012, 02:57 PM
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Originally Posted by rish_jain View Post
Thanks, so does that mean that if she goes for H-4 visa stamping again she won't be asked about her previous H1 or asked to show paystubs to prove that she was in legal status as long as she was in the US? Please correct me if I am wrong but as far as I know, since she is already in the US she now has a H1 status (her CoS was also approved) and she might be considered out-of-status if the consulting company doesn't let her join until they find a new client.

I have never had any employer hold back I-129 so this was something completely new but seeing most of the responses it seems that this is something that consulting companies and maybe some of the smaller companies do to protect their investments.
People are unable to understand your issue here.

Is your issue ---

1) she is out of status ? Yes she is. But that will not be fixed by getting the 129. That is fixed by getting paid. Technically she has 60 days after COS to start working for the employer. If 60 days has not passed, she can switch back to H4 without pay stubs. If it is > 60 days, complain to DOL (against employer) . For COS , just 797 is enough. 129 is really required if you go for a H1 stamping.

OR

2) Did you pay for the H1 and so you are frustrated.

I am not sure how the employer can protect investment by holding 129 but what I am trying to see here is why the Employer might be frustrated . He has spent at least $3000 to get this H1 (assuming you did not pay for it) and if the employee does not work for him , it is total loss for him. For a small company it is a big loss. If you paid for your H1, I see no reason for the employer to make a fuss .

Not that I am sayng it is legal to hold 129, I am just trying to see from the Employer's angle.
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