raj.shah Posted May 22, 2014 Report Share Posted May 22, 2014 Hi I am in L1 with employer A, got my h1 approved from employer B. Now employer B comes up new contract and threatens that he will revoke H1 if i dont sign the contract. I have only receipt number and not i797. 1) Is it possible to transfer before October 1 to any new employer. 2) What options do i have 3) What is the worst case scenario. Please advice. Link to comment
jairichi Posted May 22, 2014 Report Share Posted May 22, 2014 Hi I am in L1 with employer A, got my h1 approved from employer B. Now employer B comes up new contract and threatens that he will revoke H1 if i dont sign the contract. I have only receipt number and not i797. 1) Is it possible to transfer before October 1 to any new employer. 2) What options do i have 3) What is the worst case scenario. Please advice. 1. If your H1B was approved then a new employer can file a cap exempt H1B petition anytime. 2. Find a good employer. Link to comment
t75 Posted May 22, 2014 Report Share Posted May 22, 2014 He should revoke if you do not report for work. Signing a contract is a normal request. If you did not intend to comply, why did you arrange with the employer to file for you? Link to comment
JoeF Posted May 22, 2014 Report Share Posted May 22, 2014 Have the contract checked by a labor lawyer. Also, coercing somebody into signing a contract is illegal. File a complaint with DOL on form WH4. Link to comment
rahul412 Posted May 22, 2014 Report Share Posted May 22, 2014 Since your H1 is approved, no need to worry. Do not sign any agreement, you can find another employer and file for H1 before Oct 1st. It doesn't matter whether your H1 is revoked or not since you are on L1. Link to comment
omshiv Posted May 22, 2014 Report Share Posted May 22, 2014 Don't sign any contracts with these desi employers..file complain n lets get them blacklisted!!! Link to comment
raj.shah Posted May 22, 2014 Author Report Share Posted May 22, 2014 Thanks a lot! I will find any new employer who can file H1 for me. @t75 - Contract was never discussed before filing H1. After my petition is proved, they are asking me to sign. Link to comment
raj.shah Posted May 22, 2014 Author Report Share Posted May 22, 2014 Thanks a lot others! @t75 -> contract was not discussed with me before filing H1B. They Link to comment
raj.shah Posted May 23, 2014 Author Report Share Posted May 23, 2014 Hi Is it possible to do h1 transfer before october without working for petitioner. if so what is the success rate. Thanks in advance. Link to comment
jairichi Posted May 23, 2014 Report Share Posted May 23, 2014 Hi Is it possible to do h1 transfer before october without working for petitioner. if so what is the success rate. Thanks in advance. Yes, it can be done. Success rate depends on new employer's documentation. Link to comment
rahul412 Posted May 23, 2014 Report Share Posted May 23, 2014 Hi Is it possible to do h1 transfer before october without working for petitioner. if so what is the success rate. Thanks in advance. That should be fine. Link to comment
raj.shah Posted May 23, 2014 Author Report Share Posted May 23, 2014 Thanks rahul412 for your advice. I will start working with attorney to fix it. Link to comment
raj.shah Posted July 30, 2014 Author Report Share Posted July 30, 2014 Hi rahul and jairichi I tried filing new petition with cos under cap exempt but it got into RFE and later denied. The RFE was issued questioning cap exempt. Recently it seems the regulation has changed that "one can file under cap exempt only if he/she used h1 status (i.e. after Oct 1st) or has H1B visa (if outside country)". Link to comment
jairichi Posted July 30, 2014 Report Share Posted July 30, 2014 Hi rahul and jairichi I tried filing new petition with cos under cap exempt but it got into RFE and later denied. The RFE was issued questioning cap exempt. Recently it seems the regulation has changed that "one can file under cap exempt only if he/she used h1 status (i.e. after Oct 1st) or has H1B visa (if outside country)". Talk to an attorney from Murthy law firm. Link to comment
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