Two - H1B transfers at the same time


vpmvpm

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Hi All,
I'm presently in a full time job with ***. They promised me to process GC but failed to do so. So, I was trying for a new full time job for almost a year. But it didn't work out. So, I found a contract job and discussed the terms of conditions with the to-be-employer ( A ) . He wasted my 6 months time simply by finding new contracts.
Finally he filed LCA for FL. And LCA was approved last week.
Meanwhile I got an offer for other full time job from company B.
I told my to-be-employer (A) about the full time job and my apologies.
He literally blackmailed me saying that he initiated the H1 transfer process for me already and if I do H1 transfer with another company at the same time it'll be RFI for me and I'm doomed.
I'm so confused. I'm a family man. I was totally upset by this to-be-employer(A) words.
1) I haven't signed the to-be-employer (A) offer letter anywhere. It was all through phone conversation only. If my new employer (B) is filing H1 transfer for me at the same time will there be any trouble?
If so, what kind of trouble my to-be-employer ( A) can give to me?
2) the whole mess was created by employer A. Can an employer file H1 transfer without the employees knowledge? I'm still working with ***. The A company is not my present employer also.
3) Will there be any problem if move from CTS to employer B , ignoring A, who filed LCA and saying H1 transfer initiated even without my permission?
4) Now they are again blackmailing me saying that they will talk to my ***manager tomorrow. I dont think they know my manager through anymeans. What to do ?
I'm confused.
Awaiting the replies ASAP.

Thanks in advance

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Hi All,

I'm presently in a full time job with ***. They promised me to process GC but failed to do so. So, I was trying for a new full time job for almost a year. But it didn't work out. So, I found a contract job and discussed the terms of conditions with the to-be-employer ( A ) . He wasted my 6 months time simply by finding new contracts.

Finally he filed LCA for FL. And LCA was approved last week.

Meanwhile I got an offer for other full time job from company B.

I told my to-be-employer (A) about the full time job and my apologies.

He literally blackmailed me saying that he initiated the H1 transfer process for me already and if I do H1 transfer with another company at the same time it'll be RFI for me and I'm doomed.

I'm so confused. I'm a family man. I was totally upset by this to-be-employer(A) words.

1) I haven't signed the to-be-employer (A) offer letter anywhere. It was all through phone conversation only. If my new employer (B) is filing H1 transfer for me at the same time will there be any trouble?

If so, what kind of trouble my to-be-employer ( A) can give to me?

2) the whole mess was created by employer A. Can an employer file H1 transfer without the employees knowledge? I'm still working with ***. The A company is not my present employer also.

3) Will there be any problem if move from CTS to employer B , ignoring A, who filed LCA and saying H1 transfer initiated even without my permission?

4) Now they are again blackmailing me saying that they will talk to my ***manager tomorrow. I dont think they know my manager through anymeans. What to do ?

I'm confused.

Awaiting the replies ASAP.

Thanks in advance

(1) Your employer A is lying to you. You will not have any problems.

(2) Even if it is approved it is your decision whether to join employer A or not. No problem.

(3) No problem.

(4) Just relax and go on with your work as there is nothing to worry.

 

If possible request your employer B to process your H1B petition on PP. If employer B does not you are still fine.

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Thanks jairichi for the fast reply !

I have following question s

1)

My to-be-employer (A) has soft copy of the following docs

* ) My H1 and my family's H4's documents

* ) I-9 signed by me for the project which LCA was approved.

He says tat he'll fax those docs to my current employer ***

Will that signed I9 creates any prob?

2)

He told that H1 transfer process was initiated last week itself without my knowledge , knowing that RFI will come and we can respond to that.

He's charging me 3000$ - business loss and LCA filing

and 3000$ - H1 premium processing

And he's asking me to support remotely for the project for 3 days , so that he can manage clients, which I'm not ready to accept.

Kindly give your opinion ASAP.

He told that

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Thanks jairichi for the fast reply !

I have following question s

1)

My to-be-employer (A) has soft copy of the following docs

* ) My H1 and my family's H4's documents

* ) I-9 signed by me for the project which LCA was approved.

He says tat he'll fax those docs to my current employer ***

Will that signed I9 creates any prob?

2)

He told that H1 transfer process was initiated last week itself without my knowledge , knowing that RFI will come and we can respond to that.

He's charging me 3000$ - business loss and LCA filing

and 3000$ - H1 premium processing

And he's asking me to support remotely for the project for 3 days , so that he can manage clients, which I'm not ready to accept.

Kindly give your opinion ASAP.

He told that

I believe you are currently working with your Indian company and are maintaining your status in US.

(1) I believe it will be wrong for your employer A to do that as he is forwarding your details to another employer with out your consent.  As I said earlier you can always request company B for PP of H1B petition. If not you could bear that cost to get peace of mind.

(2) Since you did not sign any document you are not legally bound. 

 

My best suggestion would be to schedule a consultation with an attorney from Murthy forum and explain your situation and take their opinion.

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