Ended up with multiple H1b petitions

[sureshv120]

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.

[t75]

Only an attorney can properly advise you based on local law and your contracts.

[areddy1234]

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.