Prospective employer withdrawing agreement H1B

[Sherin012186]

Hope you are doing great, and all your links are useful and informative.

I would like take your valuable legal opinion on the below issue. I hope I'm not bothering you. Kindly spare two minutes to help me.

I'm Sherin, Senior Software engineer, currently living in Bangalore,India. I was offered a position from a company headquartered in Seattle, WA. After the interview process conducted from their India office, I was sent the offer letter. As per the offer and as per the discussion, the company agreed to sponsor my H1B VISA due to which I rejected the H1B offered by my current employer. Now the prospective US employer is saying that since they expect a recession they cannot sponsor my H1B. Will I be able to take any legal action against them since they have mentioned in the offer letter clearly that they will sponsor H1B?

If it is possible, (please note that throughout the offer letter and agreement letter they have mentioned only the US office address.) Can I file a case against them in India or I could do it only in US? If I could only file a case in US will I be able to do it remotely from India?

Your help is greatly appreciated, and it will have a direct impact in my life.

[rahul412]

After the interview process conducted from their India office, I was sent the offer letter. As per the offer and as per the discussion, the company agreed to sponsor my H1B VISA due to which I rejected the H1B offered by my current employer.

Was that telephonic? Did you met them in person??

Now the prospective US employer is saying that since they expect a recession they cannot sponsor my H1B.

Really?? That's suspicious..

If it is possible, (please note that throughout the offer letter and agreement letter they have mentioned only the US office address.) Can I file a case against them in India or I could do it only in US? If I could only file a case in US will I be able to do it remotely from India?

Did you do some research about that "COMPANY', at-least finding out the address in Google?

The whole process seems to be fishy.

[JoeF]

Employment in the US is at will. A company can withdraw an offer of employment at any time,f or any reason.

[catx]

Respectfully, I doubt you have any case against the prospective U.S. employer. Since you had not started working for the employer, the offer letter (and even a jointly signed employment agreement) is effectively for future employment, and as such would not likely constitute any grounds for damages (except if such damages were clearly detlineated in a signed agreement). Further it seems like the propsective employer had not yet filed a H-1B petition, which in fact they could not have done until April 1 for October 1 start of employment. There is also the fact that most employment in the U.S. is under right to work, which means an employer can terminate employment at any time without prejudice, so even if you had been approved for and received a H-1B visa and were working for the employer they could terminate your employment at anytime without incurring damages (except for the cost of a flight back to India).

Consider the opposite situation. You were free to change your mind and and not work for the company, and would not be liable for damages (regardless of whether the offer letter delineated such damages payable by you to the employer if the H-1B visa petition was not approved or if you decided not to work for them).

Rescinding of an offer of employment is not uncommon in the U.S., whether it be for a U.S. citizen, a permanent resident, or a alien on a visa, especially if there is a change of circumstances at the company (lower sales than projected, loss of a contract, cancellation of a project, etc.). This a normal part of a career and a shared risk. It is just part life you have to accept.

[t75]

No, there is not likely any legal action you can take. A reading of your contract by a US attorney may find some reason. They can bring you to the US, immediately terminate you and put you on the first plane back home. They are free to withdraw their offer.

Find a new employer to file for you.

Do you not understand that the US economy is not good. There are many unemployed USCs and LPRs as well as H1Bs with US experience in software. As a senior person, they can hire a lot of people cheaper than you.

You are quite arrogant and demanding. A US employer should be wary of hiring you because you are looking for trouble.

[pontevecchio]

No. Ask your current employer to file in April.

[CCR]

Normally I would think that you cannot sue just because the company did not deliver on their 'promise'. Yeah they may have written that in the offer letter but economic climates change decisions and its not something you can sue a company for.

In any case even if u want to pursue legal action this problem has attorney written all over it.

[chtummala]

hmmm

better to talk to a labor attorney ..

is there any clause about voiding offer letter ??

[Sherin012186]

Dear chtummala, CCR, pontevecchio, t75, catx, JoeF, rahul412 thank you very much for taking you valuable time to reply me - All your information were of great help.

Dear Rahul, here are my answers below in Blue

Sherin012186, on 16 March 2013 - 01:22 AM, said:

After the interview process conducted from their India office, I was sent the offer letter. As per the offer and as per the discussion, the company agreed to [sponsor my H1B VISA due to which I rejected the H1B offered by my current employer.

Was that telephonic? Did you met them in person??

It is a telephonic interview conducted from their India office.

Sherin012186, on 16 March 2013 - 01:22 AM, said:

Now the prospective US employer is saying that since they expect a recession they cannot sponsor my H1B.

Really?? That's suspicious..

They too are.

Sherin012186, on 16 March 2013 - 01:22 AM, said:

If it is possible, (please note that throughout the offer letter and agreement letter they have mentioned only the US office address.) Can I file a case against them in India or I could do it only in US? If I could only file a case in US will I be able to do it remotely from India?

Did you do some research about that "COMPANY', at-least finding out the address in Google?

Yes I did some research, I reached few of their employees who are working in their India office and they are all happy with the company. I also heard that they do send their current employees on H1B too, with the same kind of agreement that they had with me.

The whole process seems to be fishy.

[rahul412]

Dear chtummala, CCR, pontevecchio, t75, catx, JoeF, rahul412 thank you very much for taking you valuable time to reply me - All your information were of great help.

Alright, I guess now you need to depend on your current employer and ask them to file H1.