Implications of declining a job offer post H1B transfer

[abhijosedel]

Hi,

Have a couple of questions around accepting job offers. Would appreciate if you could advise.

I'm working for a company X and have received an offer from company Y. I've accepted the offer. Company Y has completed the H1B transfer, but i'd like to continue working for Company X. X and Y are both one of the top 5 IT consulting firms in the US.

My offer letter does not state any obligation on my part to pay for any H1B processing/transfer expenses, infact all it says is "This offer is contingent upon EMC obtaining USCIS approval for your work authorization in the appropriate visa category."

It also clearly states the following

"You understand that your employment is at-will. You are not being offered employment for a definitive period of time and either
you or Y may terminate the employment relationship at any time and for any reason without prior notice. Y's policies,
compensation and benefits may be amended at Y’s discretion. You are not relying upon any other verbal or written
representations other than what is contained in this offer. You also understand that any misrepresentation or omission of facts
called for is cause for dismissal"

#1 The new pettition from company Y also has an I94, so if i wish to continue to work for X, is my I94 from X still valid? Which I94 does USCIS consider valid?

#2 Once i convey my decision to not join company Y, When will company Y withdraw its petition.

#3 I never told company X about the petition transfer by Y, can company X decide to terminate my employment at a later date? I've been witness to a case, where one of my colleagues who had resigned after H1B transfer was quickly relieved before serving the 15 day notice period, as soon as company X got to know of the transfer from my friend.

#4 Will i have to pay for the LCA or the H1B transfer or any attorney fees that company Y may have incurred?

Thanks
Abhilash

[shervin143]

#1 The new pettition from company Y also has an I94, so if i wish to continue to work for X, is my I94 from X still valid? Which I94 does USCIS consider valid?
>>> If you decide to continue with employer X, then you can do so.In your case, the I-94 with employer X will be the active one and an extension should be filed before that I-94 expires.

#2 Once i convey my decision to not join company Y, When will company Y withdraw its petition.
>>> That is up to Company Y.

#3 I never told company X about the petition transfer by Y, can company X decide to terminate my employment at a later date? I've been witness to a case, where one of my colleagues who had resigned after H1B transfer was quickly relieved before serving the 15 day notice period, as soon as company X got to know of the transfer from my friend.
>>> They won't know unless you or someone else informs them.

#4 Will i have to pay for the LCA or the H1B transfer or any attorney fees that company Y may have incurred?
>>> No.