H1B Transfer - Not joining query

[sashsunder]

Hi

I recently transferred my H1B to a new company (not a consulting company) through Premium Processing and still not got the approval. But now I decided not to join the new company (they have spent all the money). Is that mandatory that I should join the new company? Are there any chances that my new employer take legal action against me for not joining them?

[txh1b]

The employer can take action based on the company guidelines and rules but as far as USCIS goes, there is no mandatory need for you to join.

[kabkaba]

They have a job for you, they are paying for H1B petition, they are not a consultant. All these are signs of a legitimate job and legitimate company, why are you delaying joining them? People working with consultants are in all sorts of trouble already and you are delaying joining a legitimate employer!

[sashsunder]

thanks

Thanks for your replies.

But due to certain circumstances I am not able to join the new company, I want to stick with my current employer. I also haven't signed any documents with the new employer will there be any legal issue still?

Can i continue with my current employer without joining them?
Will it affect my future Greencard processing?

[txh1b]

It has been told that you can work with your current employer as USCIS does not care.

The issue between your new employer and you is a civil issue. The employer can sue if they want to on you making an express promise to join them resulting in expenses for them with the H1b transfer and backing out. A written signature is not required to sue. Most companies do not but they could if they want to.

Immigration has got no issues. It is a civil issue between the parties involved.