H1 Visa Approved. Not able to Travel to USA in Promised Date.consultant Threatning

[aryan.007]

Hi,
A friend of mine[in Country A] applied for a Visa through a consultant[in USA]. His initial plan was to travel to USA in October but because of some emergencies he wishes to travel there in January. Hearing this the employer is angry and is forcing my friend to be there in USA by Oct 1st week. He is further threatening my friend that if he does not make it by October 1st week, he has to pay around 10000$ fees else he will take legal actions and make sure police and attorney calls my friend. He also said that he will call my friends current employer in Country A and will ruin his career. 
- My friend has not appeared for stamping yet.
- He is not in US yet.
- Only his H1 visa is approved.

Can this consultant spoil my friends career if he wishes to travel to US in future?
Should he demand for all the expenses incurred for filing the visa?
What all bad can happen to my friend? Worst case scenarios ?
Any way to come out of this mess?

Please help

thanks.

[omshiv]

I'm sure its a shady consulting company...They can do nothing!! Absolutely nothing. Did your friend sign any contract?

[jairichi]

I'm sure its a shady consulting company...They can do nothing!! Absolutely nothing. Did your friend sign any contract?

@omshiv: Even if he has signed a contract what legal measures can a consultant take? Future employee is In another country and consultant is in US.

[omshiv]

@omshiv: Even if he has signed a contract what legal measures can a consultant take? Future employee is In another country and consultant is in US.

 

That's true. Employer cannot take any action because the Candidate is in another country. Moreover my question regarding the Offer/Contract letter was curiously asked if it said anything about the joining date and if violated then any action would be taken.

 

I guess OP should avoid joining this company...imagine if the beginning of this employment the employer is showing his true colors..then you can take a guess.

[omshiv]

Hi,

A friend of mine[in Country A] applied for a Visa through a consultant[in USA]. His initial plan was to travel to USA in October but because of some emergencies he wishes to travel there in January. Hearing this the employer is angry and is forcing my friend to be there in USA by Oct 1st week. He is further threatening my friend that if he does not make it by October 1st week, he has to pay around 10000$ fees else he will take legal actions and make sure police and attorney calls my friend. He also said that he will call my friends current employer in Country A and will ruin his career. 

- My friend has not appeared for stamping yet.

- He is not in US yet.

- Only his H1 visa is approved.

Can this consultant spoil my friends career if he wishes to travel to US in future?

Should he demand for all the expenses incurred for filing the visa?

What all bad can happen to my friend? Worst case scenarios ?

Any way to come out of this mess?

 

 

To answer your questions -

 

1) No.

 

2) The employer cannot demand the H1 filing fees...he can only ask the Attorney fees.

 

3) Nothing. Absolutely nothing!! So ask your friend to Relax and avoide joining any employers from our home country.

 

4) Avoid joining them.

[jairichi]

 

I guess OP should avoid joining this company...imagine if the beginning of this employment the employer is showing his true colors..then you can take a guess.

@ omshiv: You are right. OP should avoid this employer

[aryan.007]

Hi All,

Thanks for your responses.

My friend had just signed a normal agreement for employment. Scanned and send to him. But that agreement never mentioned that he has to pay XXX amount if he does not come to USA. It stated that if you terminate employment bfr 24 months he needs to pay some X amount. But the agreement becomes valid only if he visits USA after visa stamping for this consultant. This is what I am assuming. Is that correct?

 

The contract never mentioned any thing about the joining date. My friend wants to join but in January because of family emergency. But the consultant is not ready to understand this. 

 

@ Omshiv, you are correct about the consultant showing his colors. Was thinking what would have happened if this consultant had shown his true colors after my friend joined him in US. He would have been stuck 

[rahul412]

Hi All,

Thanks for your responses.

My friend had just signed a normal agreement for employment. Scanned and send to him. But that agreement never mentioned that he has to pay XXX amount if he does not come to USA. It stated that if you terminate employment bfr 24 months he needs to pay some X amount. But the agreement becomes valid only if he visits USA after visa stamping for this consultant. This is what I am assuming. Is that correct?

 

The contract never mentioned any thing about the joining date. My friend wants to join but in January because of family emergency. But the consultant is not ready to understand this. 

 

@ Omshiv, you are correct about the consultant showing his colors. Was thinking what would have happened if this consultant had shown his true colors after my friend joined him in US. He would have been stuck 

Dude, he already has a valid H1 visa. So its better to find another employer and once his new  H1 petition is approved he can enter into US without attending for interview again. So it's better to go for another employer.