H1-B VISA INFORMATION - **** **** *urgent **** **** ***

[kumarp28n]

Currently I am travelling to US from COMPANY A on L1B for 3 months and I have a service agreement that once I comeback from US. I have to build a team and train a team for 6 months. totally (9 months). I have got an offer from COMPANY B and I have shared the offer letter with you long before. Now, COMPANY B is started to file my H1-B petition on behalf of me for the employement and they have given a date to joining as January 2012. Also, in the offer letter they have mention that if I leave the company within 1 year i have pay back $20,000.

Questions for the above scenario.

1. Should I tell COMPANY B not to start the H1-B petition process now and will apply for next year quota or can i proceed with the process.
2. Will this $20,000 will be applicable if I don't join the company right and join later.
3. If they file H1-B petition and gets approved then should I have any time frame to come back to india and have my H1-B Visa status stamping.
4. or can i tell COMPANY B some reason after my h1-B petition is approved that I will not be able to come to US for another 8 months...

Please suggest

[kabkaba]

First of all offer letter does not constitute any contract, so you are bound by nothing at this point. If you are asked to sign the offer letter, just write received and sign, that will mean receipt only and not agreement.

Whenever you join B, they may ask you to sign a proper contract with the above terms. After that point depending on the state where you are working the contract may hold and you may be required to pay the amount if you leave withing 1 year.

Depending upon your contract with A, you may be asked to pay if you leave before 9 months.

[kumarp28n]

Thanks for your reply...

But, Can I go ahead with company B H1-B petition or can I ask them to stop filing the H1-b Petition... or can I ask company B to mention the joining date as July 2012....

Please help....
Thanks in advance.

[kabkaba]

Petition can be filed no more than 6 months before start date. So tell your H1 employer that you will not be able to join before July 2012 and if they are okay with that they can file now with Jan start date and you can still travel to US (in H1 status) in July. They can also wait until Jan to file for July start date if cap is open until Jan.