H1-B transfer in progress but not joining employeer

[pdave82]

Hi,

 

I am working for employeer A. I got offer from company B and I accepted it. They have started my H1-B transfer and received receipt number today. They are asking me to resign from company A and join them immidately. Due to some reason I want to go continue with company A and do not want to join company B. My question here is?

 

1. Once they have filed application for H1-B transfer do I need to join them?

2. If I do not join them, can they cancel my H-1B as they have all my visa details?

3. If I do not need to join company B, do I need to let company A know that company B has filed my H-1B transfer and we need to stop that application?

4. if I simply do not join company B and continue with company A what will happen to the transfer application? 

 

Your immediate help on this is very appreciated.

 

Thank you.

 

Regards,

Pdave.

[t75]

What doers your contract with B say about liquidated damages should you not join?

[pdave82]

Hi t75,

 

I am not able to find out particular details in offer letter so copying whole paragraph if you can help me.

 

6. Enforcement:    In the event any provision of this Agreement is judicially determined to be invalid or              

 

unenforceable, that provision shall be interpreted and applied so as to carry out to the fullest extent

 

possible the parties' intent as set forth in the language herein and the remainder of this Agreement shall

 

remain in full force and effect.  Your obligations and the obligations of the Company are independent

 

covenants and you shall remain bound by the terms of this Agreement notwithstanding any termination

 

of this Agreement or of your employment or any breach by the Company.  You further agree that: (i) the

 

Company shall be entitled to injunctive relief as well as damages for any violation by you of paragraphs 4

 

or 5 of this Agreement (which shall survive the termination of this Agreement and your employment); (ii)

 

Pennsylvania substantive law (without regard to conflicts of law) shall govern your employment and this

 

Agreement and its enforcement (including an action for breach or damages), (iii) any legal action, suit or

 

proceeding arising out of or relating to this Agreement, your employment, or the terms and conditions or

 

termination of your employment shall be instituted in a federal or state court sitting in Allegheny County,

 

Pennsylvania, where the Company’s principal place of business and headquarters currently are located

 

and from which your employment will be administered, (or, at Company’s sole discretion, in a binding

 

arbitration administered by the American Arbitration Association as set forth below), which shall be the

 

exclusive jurisdiction and venue of any legal action, suit or proceeding and you waive any objection you

 

may now or hereafter have to the laying of venue and irrevocably submit and consent to the jurisdiction

 

of any such court in any such action, suit or proceeding; (iv) service of process in any such proceedings

 

shall be adequate and effective if mailed by first-class postage prepaid U.S. mail or by private delivery

 

service addressed to the address last provided in writing by you to the Company; and (v) paragraphs 3,

 

4, and 5 are intended to be enforced in accordance with their terms but that such terms shall be deemed

 

modified as necessary so as to render them valid and enforceable to the fullest extent permissible by

 

applicable law.  You further agree that, at the Company's sole option and election, the action or

 

proceedings referred to in subparagraph (iii) above will be binding arbitration administered by the

 

American Arbitration Association before a single arbitrator and with the award being final and conclusive

 

upon the parties and judgment on the award may be entered in and enforced by any court located in

 

Allegheny County, Pennsylvania or otherwise having jurisdiction.

 

 

:) Appreciate your help. Thanks!