I currently hold my H1B visa. I want to get the job description of my current position when my employer filed my H1B visa to do my H1B visa transfer process (different employer/lawyer).
Can I get a copy of my H1B visa application documents? Who has the right of it?
Please give me any guidance or help. It is greatly appreciated!
Why do you need EXACT job description to transfer your H1B to a new employee. It is NOT necessary to have the SAME qualifications(education or job description) for H1B transfer. All you need to make sure is that new H1(transfer) must be an eligible application for H1 category. But if possible, keeping the same job description is recommended but not at all its a must.
Bottom line: There is NOTHING in this world called H1B TRANSFER(at least in USCIS legal terms). Every so called transfer is nothing but a new H1B petition but not under the H1B cap.
Thank you for your answer! May I follow up: I would still like a copy of my H1B visa application documents. Do I have the right to request it from my employer’s lawyer? Or does it technically belong to the employer?
Thank you!
Q: Do I have the right to request it from my employer’s lawyer?
A: No, legally, your petitioner doesnt have the need to supply you a copy of the petition.
Q; does it technically belong to the employer?
A: Yes, you are correct. It(as a matter of fact, any petition) does belongs to the petitioner(in this case, employer).
The only way to get such papers is by requesting the petitioner or petitioner’s legal representative(lawyer) if any.
You just need only a case number to transfer your H1.
If you still need copy of H1/i-129 docs, you can raise a FOIA request. See the below link on how to file FOIA.