My H1B transfer was filed in end of March 2019. The premium processing was filed on end of April, a week before I joined on reciept( because i had resigned from my previous job in mid May due to family emergency). Apparently an RFE was received because i didnt hear about any decisions from USCIS in the next 15 days. USCIS didn’t even update anything on the case on the portal and my employer didn’t communicate anything to me not even the fact that an RFE was received, except for asking me for supporting documents( last working day date and last payslips from pevious employer) in mid June. My employer now tell me they responded to the RFE a few days ago, no other details provided! I have been repeatedly asking them for more details and they have simply ignored my requests ! Do I have any rights here ? Can I take any legal recourse to have my employer update me timely and be transparent about the H1B processing ?
It does raise concerns when the employer is unwilling to share details about your case with you. You should know the nature of the rfe at the very least. Also, since you're the beneficiary, you need to push for information since it's in your best interest.
Dude I’ve been emailing , messaging and even had face to face conversation and nothing has made these people change their blackbox approach ... that’s why I’m wondering if I have a legal right that I can exert ?
You should at least get the receipt number so you can check status for yourself
Like I mentioned in the post ( that you clearly didn’t read ) USCIS has not updated anything except “case received” and “premium processing request received” on the case portal in 3 months!
Yes i didn't read your post completely. Anyways there are 2 portals you can check status on 1.myaccount.uscis.dhs.gov 2. https://egov.uscis.gov/casestatus/landing.do Sometimes one of the portal is not updated.
Petition belongs to company not applicant. No, you have no legal right in h1b petition process.
I know it is initiated by Employer but considering that they are using my professional and even biometric information to apply for the visa mustn’t I have some rights to get the status updates in a timely manner at least?
OP, why don't you reach out to Avvo or some immigration lawyers APART from your company's lawyers? Folks here have told you what they know.
Is it fragoman handling the case?
LOL I know where you’re coming from but no they aren’t the ones responsible here … They were the immigration attorneys at my previous job and I did hate them then but now I feel like they are not the worst 🙄
It's it bal?
So your destination company is Cognizant? Isn't it one of the WITCH companies. Heard they are not employee friendly, especially related to immigration matters. AFAIK, legally they are not bound per se, it's just that sensible companies have some level of transparency.
Nope I’m at Softvision .... it was acquired by cognizant last year
Legal rights, no, don't think so. Common sense, sure, escalate it with management
I have escalated it to immigration team, HR, delivery manager and everybody promises to get me an answer within a week and then starts acting (goes silent on follow up emails) like the immigration lawyer.
Keep on pressing, I guess