H1 B transfer , RFE Status and Liquidation damages

[Jai2014]

I was working for Company A and had VISA validity until Feb 2015 . In meantime, I accepted offer from Company B and visa transfer has been initiated and I joined the company with the receipt number ( this is my fault :( ) .

Company B has filed in Normal processing and I received status update after 7 months as RFE .

It had been 51 days and Company B has not responded to RFE yet ( I tried to do 10-15 times follow up).

In Company B offer letter, there is a classification for damages - Liquidation damages and  exact amount in $ XX,XXX has been specified.

 

 

Question :

1. If I get the offer from Company C and filing in Premium Processing , am I still liable to Company B and pay $XX,XXX

 

2. As I have not received approval  on H1-B am I still good to join Company C .

 

3. If Company B has responded to RFE and is received by USCIS by the time I accept the offer and transfer is initiated by Company C , do I need to pay for Liquidation damages.

 

Request to provide inputs .

[pontevecchio]

If the company B did not answer the RFE in the allowed period they have no claim and the transfer is denied. Spend 3-4 hundred dollars on a consultation with a good Labor Lawyer in your state. Let C file and you leave and come back with the H1 visa on approval.

[jairichi]

I was working for Company A and had VISA validity until Feb 2015 . In meantime, I accepted offer from Company B and visa transfer has been initiated and I joined the company with the receipt number ( this is my fault :( ) .

Company B has filed in Normal processing and I received status update after 7 months as RFE .

It had been 51 days and Company B has not responded to RFE yet ( I tried to do 10-15 times follow up).

In Company B offer letter, there is a classification for damages - Liquidation damages and  exact amount in $ XX,XXX has been specified.

 

 

Question :

1. If I get the offer from Company C and filing in Premium Processing , am I still liable to Company B and pay $XX,XXX

 

2. As I have not received approval  on H1-B am I still good to join Company C .

 

3. If Company B has responded to RFE and is received by USCIS by the time I accept the offer and transfer is initiated by Company C , do I need to pay for Liquidation damages.

 

Request to provide inputs .

1. Show the contract to a good labor attorney. If your company B does not respond to RFE then there is no need to pay damages.

2. You would need approval of H1B petition from company C.

3. Yes.