Do you know what is in your H-1B petition?2 min read
Numerous H-1B candidates do not know what information is entered in the H-1B petition. This is unwise as the data entered may affect their immigration status. First, if incorrect information is entered in the H-1B petition, it might result in a denial. Many cases are denied based on minor technical reasons due to careless typographical errors. Given an enormous number of H-1B candidates, it is so challenging to get an H-1B visa number these days; it would be extremely unfortunate if a case is denied based on an error that could have been avoided. Furthermore, a denied decision could also have lasting effects on the employee’s immigration status.
Hence, the beneficiary worker must double-check his/her information entered into the H-1B petition. A few employers might refuse to give data about the H-1B petition. Although the law does not require the employer to give a complete copy of the H-1B petition to the employee before filing, an employee may certainly request to review the portions of the petition that contains his/her information – biographical information such as the legal name, date, and place of birth, address, I-94 information, etc., and also qualification information such the universities attended, the exact degrees awarded and employment history.
Further, the regulation also requires that a duplicate of the certified Labor Condition Application (an essential of the H-1B petition) should be given to the employee before the planned beginning date of employment.
Some law offices do not directly communicate with the employees. Try to make a point to contact them. You might need to do it through the employer. Some communication is better than none. Even if your case is handled by a large, reputable firm, do not assume that everything would be alright. Attorneys and paralegals are also people, and humans are prone to make errors, particularly when they are taking care of a huge volume of cases. Additionally, bigger firms typically cannot give attention to individual candidates; it is up to you to contact them, ask questions and request to review your information.
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Finally, H-1B candidates should also be actively involved in preparing a response to any formal Request for Evidence (RFE). An RFE is the second and probably the final opportunity for you to present your case and give relevant supporting documents to USCIS. Do not completely delegate this responsibility to your employer or lawyer.
Ultimately, the individual who thinks often most about the success of the H-1B petition is yourself. Take charge of your case.