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Not joining a company after H1B approval?

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  • #16
    Google for immigration attorney rajiv khanna or M urthy.

    Originally posted by Amby View Post
    Hi,

    Can someone suggest an immigration attorney who can also be contacted for some clarifications ?

    Thanks,
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #17
      some more questions on not joining Company B

      I am employee of company A,Company B Filed H1 Transfer for me and it is in processing.I received the premium processing receipt .Company B recruitment manager is now threatening me that in all cases i will have to join them and start working for them even without approval as per him one can start working as soon as one receives receipt.Further the recruitment manager is also asking me to pay back the premium processing fee which he says is $5500 if i do not join. I have not signed any papers nor had any conversation to pay back. My question is can the employer B file any lawsuite against me? how legal is to force anyone to pay the fees? what rights do i have to fight back?

      Please help
      very critical and urgent! i am panick...please please reply,
      Last edited by abrohi; 07-31-2012, 08:30 PM. Reason: spelling mistakes

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      • #18
        Well, if you haven't signed anything, then there isn't anything that they can do. No one can force you to work for them. The premium processing fee is only $1250. Do not join the new employer unless the transfer gets approve (It is risky to join with just the receipt notice). If they are threatening you now, there will be a lot of threats once you join the employer. But when we think from the employer's point of view, they have spend enough money on you to file the H1B transfer. Why didn't you think through it properly before making them spend all the money?

        Originally posted by abrohi View Post
        I am employee of company A,Company B Filed H1 Transfer for me and it is in processing.I received the premium processing receipt .Company B recruitment manager is now threatening me that in all cases i will have to join them and start working for them even without approval as per him one can start working as soon as one receives receipt.Further the recruitment manager is also asking me to pay back the premium processing fee which he says is $5500 if i do not join. I have not signed any papers nor had any conversation to pay back. My question is can the employer B file any lawsuite against me? how legal is to force anyone to pay the fees? what rights do i have to fight back?

        Please help
        very critical and urgent! i am panick...please please reply,
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #19
          Originally posted by shervin143 View Post
          Well, if you haven't signed anything, then there isn't anything that they can do. No one can force you to work for them. The premium processing fee is only $1250. Do not join the new employer unless the transfer gets approve (It is risky to join with just the receipt notice). If they are threatening you now, there will be a lot of threats once you join the employer. But when we think from the employer's point of view, they have spend enough money on you to file the H1B transfer. Why didn't you think through it properly before making them spend all the money?
          Thank you Shervin.
          Its not that i do not want to join or haven't thought through before proceeding.My only case was NOT to join them unless the "Approval" happens whereas the manager is trying force me to join just on receipt notice. which I want to avoid in all cases understanding its risky nature.and that's where the threatning is happening.

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          • #20
            Originally posted by abrohi View Post
            Thank you Shervin.
            Its not that i do not want to join or haven't thought through before proceeding.My only case was NOT to join them unless the "Approval" happens whereas the manager is trying force me to join just on receipt notice. which I want to avoid in all cases understanding its risky nature.and that's where the threatning is happening.
            You are right in waiting for approval to come in before you join. And if you have not signed any papers then you cannot be charged anything - heck you can sue the prospective employer on grounds of mental harassment and retire in peace

            On a serious note, if i were you I would never join this employer no matter how good the offer is - the recruitment manager can pester but certainly not threaten - and if this is their attitude prior to you joining; you can only imagine what it would be once you join

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            • #21
              Originally posted by shervin143 View Post
              1. Can I continue to work for X even though my transfer for company B gets approved?
              >>> Yes, as long as Company X's petition and I-94 are valid.

              2. Can company B create any problems since I accepted there offer but not join them?
              >>> No one can force you to work for them. Employment in U.S is at will basis.

              3. Will switching companies like this have a impact on your GC?
              >>> No.

              4. If I call company B and have them withdraw my H1B transfer can USCIS stop my transfer?
              >>> Didn't you say that the transfer is already approved? I don't understand what you mean by stopping the transfer after the approval. Company B can decide to withdraw their petition if you don't join them. Whether they revoke the petition not will not have any impact on you.

              I am in a similar situation please let me know what happen to your case

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              • #22
                Very nice article, explained netely and upto the point.
                Thanks a lot

                Comment


                • #23
                  Petition Change

                  Hi, I received H1B for company X and I came to US. Last 2 1/2 months I am staying in US and not located at client location so I do not have any pay stubs. Company Y hired me directly and they applied VISA transfer. Here, They suggested me to go back to your native country and stamp it in once again on company Y as a employer because I am not having paystubs.
                  Here my question is, If in Consulate, for any reason they rejected my visa, shall I come back to US with company X H1B Visa?
                  It would be great if you reply to me as soon as possible.

                  Comment


                  • #24
                    http://www.immihelp.com/forum/showth...nsfer?p=428951

                    Originally posted by mkkreddy View Post
                    Hi, I received H1B for company X and I came to US. Last 2 1/2 months I am staying in US and not located at client location so I do not have any pay stubs. Company Y hired me directly and they applied VISA transfer. Here, They suggested me to go back to your native country and stamp it in once again on company Y as a employer because I am not having paystubs.
                    Here my question is, If in Consulate, for any reason they rejected my visa, shall I come back to US with company X H1B Visa?
                    It would be great if you reply to me as soon as possible.
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment


                    • #25
                      Query on Transfer

                      I have a similar situation on joining company B and they are threatening me to join before approval, please advise whether any legal action is taken and did you try to handle it. Please advise it will be of great help.. thanks

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                      • #26
                        Not joining a company after H1B approval?

                        Hi Members,

                        I was working for Comany A. Company B has filler the petition for H1B transfer which got approved. I have decided not to Join Company B and has continua my work with Company A. Company C has applied for my H1B transfer for which i got a RFE which is asking about company B approval/receipt notice. I don't have these details since i ahve not joined Company B.

                        So my question is what should be the answer to such situation to USCIS?

                        Thanks

                        Comment


                        • #27
                          Originally posted by mainhu9a View Post
                          Not joining a company after H1B approval?

                          So my question is what should be the answer to such situation to USCIS?

                          Thanks
                          Hey mainhu9a, has your situation resolved?
                          Last edited by DimaP; 05-27-2019, 09:24 PM.

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