H1 transfer

[sharathk01]

Hi,

I got my H1 in 2007 but due to some problems I could not make it to US, but in the mean time I got to know that the company which applied my H1 petetion is closed, so I transferred my petition to another employer being in India but here comes the actual problem

The employer had made me to sign a contract for one year and agreed to pay me xyz amount, but instead of sending me to US he is trying to get me a job by attending the calls from offshore as I do not have the SSN number I am unable to get a client calls as it needs background approval and the employer is not ready to send me to US for SSN.

But in his aggrement he has also mentioned that if I fail to go to US I need to pay him double the amount which takes for H1 processing. He is neither paying me bench salary saying I am offshore and he is neither making me travel to US

My questions:

1) Can I break this bond?
2) Can I apply transfer it to another employer with my old petition as the new h1 petition is still with this employer?

Can you please help me

[txh1b]

1. Yes
2. Yes

You hold a status only in US and benching does not apply unless you are on h1b. Your employer is doing the right thing. Protecting his interest as well as your status.

[sharathk01]

Many Thanks

Thanks a TON !!!!!!! for your reply