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Can new H1B visa transfer? Need urgent help

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  • Can new H1B visa transfer? Need urgent help

    Hi,

    I am currently working for ABC company on L1B from last 4 years. It is big company but they don't want to process my H1B. So I applied for H1B from XYZ company. All H1B related expenses done by XYZ company. My H1B get approved. After approval I signed contract and get offer letter. But XYZ company did not shared Approval notice, LC, I797 or I94 till 1 Oct 2015. After I resigned my ABC company made good counter offer. So I decided to stay back with ABC. But XYZ company threating that they will file law suite against me due to loss of business. My question are as follows

    1. Can XYZ company file suite against me for not joining them?
    2. What is my visa status? H1B or L1B? My L1B expired and staying on I94.
    3. ABC company asking for transfer H1B. But I don't have any document i.e. LC, approval notice etc. How to get these document from XYZ?
    4. If I asked XYZ company for settlement. Is it legal to do so? How much they can demand as compensation?

    Thanks,

  • #2
    1. Can XYZ company file suite against me for not joining them?
    >>> Possible based on what you have signed with them. Employment in U.S is at will basis and no one can force you to work for them.

    2. What is my visa status? H1B or L1B? My L1B expired and staying on I94.
    >>> If your H1B is approved as a COS from L1, then your current status is H1B and you are considered out of status.

    3. ABC company asking for transfer H1B. But I don't have any document i.e. LC, approval notice etc. How to get these document from XYZ?
    >>> Getting them from the employer (XYZ) is the only option.

    4. If I asked XYZ company for settlement. Is it legal to do so? How much they can demand as compensation?
    >>> Things likes these cannot be predicted by someone forum member. Better go through a good attorney.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      H1B Amendmend

      I got my H1B approval in Aug 2015. Have not done the Visa stamping yet. Now, my client has postponed the requirement till 3rd Q 2016. Which means another year. I have approched other projects in company X as they have demands. But i have been told due to the recent Amendment spat in USA, our Company X is not filling any Amendment for 2015 H1B. Please share the ammendement Thanks in advance.

      Comment


      • #4
        Originally posted by shervin143 View Post
        1. Can XYZ company file suite against me for not joining them?
        >>> Possible based on what you have signed with them. Employment in U.S is at will basis and no one can force you to work for them.

        2. What is my visa status? H1B or L1B? My L1B expired and staying on I94.
        >>> If your H1B is approved as a COS from L1, then your current status is H1B and you are considered out of status.

        3. ABC company asking for transfer H1B. But I don't have any document i.e. LC, approval notice etc. How to get these document from XYZ?
        >>> Getting them from the employer (XYZ) is the only option.

        4. If I asked XYZ company for settlement. Is it legal to do so? How much they can demand as compensation?
        >>> Things likes these cannot be predicted by someone forum member. Better go through a good attorney.
        Thanks shrevin

        Comment

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