My US petitioner (employer) has probably been cheating.

Dear Saurabh,

Thank you very much yet again for your prompt reply. You truly are great.

I might be bothering you with a few more queries regarding my US employer/petioner who I feel is cheating/lying to me since oct./Nov. 2011 telling me that my LCA was certified in oct and gave me some LCA & EAC number (not the receipt) saying that petition was filed on 17th Nov. 2011 which got approved on 25th of April 2012. But he has given me neither the Receipt notice nor the I-797 approval notice (stating confidentiality reasons saying a lot of people in India tamper with these dox) though he has already sent me other petition documents (Employee & Employer related dox). But those do not confirm my petition/application number & the current status.

Having said all this I might[b] re-emphasize that this is just what I doubt. I may be wrong and I have been giving him the benefit [/b]of doubt till I know something for sure.

If & when my doubts are confirmed I will be asking you[b] the proper approach for legal action [/b]as[b] I have been recording all our tele-conversations in which he has repeatedly confirmed my petion filing date & approval and has repeatedly promised sending me those dox but has been dilly-dallying under one pretext or another.[/b]

Moreover, he is been[b] charging amount from us though indirectly through his father's consulting firm.[/b]

I will give you the necessary details if needed just to know the proper legal course of action.


By law, the h1-b employer is suppose to give you a copy of the petition filled, which includes LCA, I-797, receipt etc. If he is not doing this then he is not complying with the law. I believe that you should get an immigration attorney involved in this process. You have to protect yourself and your status in the U.S. If you are working or do work without seeing this information and he happens to be lying, it can affect you personally in the long run as you will be working illegally. When it comes to legal matters that could affect you NEVER give anyone the benefit of the doubt.

You can ask for him for a scanned copy of the 797. If it looks authentic and has your name and receipt number then probably it is yours. However, I don’t know of any case where an employee tried to tamper w/ the receipt notice. It may be a tactic to delay.

If you do travel to US through this employer, then make sure you get paid all the time while in US. Not getting paid will but you out of status.