TestUse Posted December 17, 2014 Report Share Posted December 17, 2014 Urgent! I am on H1B visa and changing job. I got offer form 2 employer Employer A Filed my H1B but I dont want to join them. Yet H1 is not approved and got RFE and they sent me employment agreement. Employment agreement mention that I will have to join them on 2nd of jan 2015. If I sign the agreement, is it mandatory to join them. I want to join employer B and he is going to file my H1B tomorrow. Plesae help Link to comment
jairichi Posted December 17, 2014 Report Share Posted December 17, 2014 So what is the issue here? Join B once H1B petition is approved. Link to comment
ashuneel Posted December 17, 2014 Report Share Posted December 17, 2014 If YOU sign the agreement, it is NOT mandatory to join them. But if company B petition is not approved by Jan 2 company A may cancel their offer as you did not join by the date asked. You can join Company B based on receipt notice. Link to comment
TestUse Posted December 17, 2014 Author Report Share Posted December 17, 2014 Employer A got RFE and to respond to RFE they want me to sign employment agreement. 1. If I sign the agreement, will I bound to them and will it become mandatory to join them? It is stated in agreement that I will start working for them from 2nd of Jan 2015 or after approval of petition. 2. Will RFE create any problem when employer B will file petition? Link to comment
jairichi Posted December 17, 2014 Report Share Posted December 17, 2014 Employer A got RFE and to respond to RFE they want me to sign employment agreement. 1. If I sign the agreement, will I bound to them and will it become mandatory to join them? It is stated in agreement that I will start working for them from 2nd of Jan 2015 or after approval of petition. 2. Will RFE create any problem when employer B will file petition? 1. It is not mandatory to join them. But, if that agreement contains clause for possible damages if you do not join them then you are liable to do so. 2. Unless RFE is based on your credentials your H1B petition with employer B should be fine. Link to comment
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