sureshv120 Posted April 29, 2014 Report Share Posted April 29, 2014 Hi, This was not a scenario I was looking for. I work with Company A. They were unwilling to sponsor my H1b. So I started hunting for a new job and Company B interviewed me. After interview, we discussed pay package and I also said I would like to do a COS to H1b. They said, that would be fine. On March 20th, I told Company A of my plans, and to my surprise they stated that they would try and sponsor my H1b. I did not know, but they filed for Labor and today I got to know that Company A got a H1b receipt. Company B coincidentally also told me that they too got a receipt. I don't much like the position I am in. It was not my intention to get 2 petitions. So I apologize for that. My preference now considering Company A's petition gets approved is to stick with Company A. But Company B has a clause in their Employment Agreement which states something like. Employment will start Oct 1st effective on successful approval of H1-B. Then they go on to say that the employee can resign and terminate employment after 2 years. If employee resigns earlier than that, then penalties will apply. So a couple of questions. a. If I decide to work with Company A, I will not be employed with Company B, so do I need to pay penalties. The reason I say I will not be employed with them is because I assume I can choose which employer I want to work with correct? b. To transfer onto Company A's H1b, do I need to do anything? Just want to make sure that I don't transfer onto company B's H1b and get employed there. Yes, I will also contact a lawyer, but just wanted to get an opinion. Also yes, I am assuming that both H1b's are approved. Yes, I know that both could be denied too. Link to comment
t75 Posted April 30, 2014 Report Share Posted April 30, 2014 Only an attorney can properly advise you based on local law and your contracts. Link to comment
areddy1234 Posted April 30, 2014 Report Share Posted April 30, 2014 Hi, This was not a scenario I was looking for. I work with Company A. They were unwilling to sponsor my H1b. So I started hunting for a new job and Company B interviewed me. After interview, we discussed pay package and I also said I would like to do a COS to H1b. They said, that would be fine. On March 20th, I told Company A of my plans, and to my surprise they stated that they would try and sponsor my H1b. I did not know, but they filed for Labor and today I got to know that Company A got a H1b receipt. Company B coincidentally also told me that they too got a receipt. I don't much like the position I am in. It was not my intention to get 2 petitions. So I apologize for that. My preference now considering Company A's petition gets approved is to stick with Company A. But Company B has a clause in their Employment Agreement which states something like. Employment will start Oct 1st effective on successful approval of H1-B. Then they go on to say that the employee can resign and terminate employment after 2 years. If employee resigns earlier than that, then penalties will apply. So a couple of questions. a. If I decide to work with Company A, I will not be employed with Company B, so do I need to pay penalties. The reason I say I will not be employed with them is because I assume I can choose which employer I want to work with correct? b. To transfer onto Company A's H1b, do I need to do anything? Just want to make sure that I don't transfer onto company B's H1b and get employed there. Yes, I will also contact a lawyer, but just wanted to get an opinion. Also yes, I am assuming that both H1b's are approved. Yes, I know that both could be denied too. There is no bounded labour in US, unlike India. You can leave an employer at any given time provided you give atleast 2 weeks of notice. If there is a contract signed by you that you will abide and will stick to employer B till 2 years, have that document review by a good attorney and proceed accordingly. Thanks, Areddy. Link to comment
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