Implications of declining a job offer after h1b transfer

[abhijosedel]

Hi,

 

Have a couple of questions around accepting job offers. Would appreciate if anyone could advise. 

 

I'm working or a company X and have received an offer from company Y. I've accepted the offer. Company Y has completed the H1B transfer, but i'd like to continue working for Company X. X and Y are both one of the top 5 IT consulting firms in the US.

 

My offer letter does not state any obligation on my part to pay for any H1B processing/transfer expenses, infact all it says is "This offer is contingent upon EMC obtaining USCIS approval for your work authorization in the appropriate visa category."

 

It also clearly states the following

 

"You understand that your employment is at-will. You are not being offered employment for a definitive period of time and either

you or Y may terminate the employment relationship at any time and for any reason without prior notice. Y's policies,

compensation and benefits may be amended at Y’s discretion. You are not relying upon any other verbal or written

representations other than what is contained in this offer. You also understand that any misrepresentation or omission of facts

called for is cause for dismissal"

 

#1 The new pettition from company Y also has an I94, so if i wish to continue to work for X, is my I94 from X still valid? Which I94 does USCIS consider valid?

 

#2 Once i convey my decision to not join company Y, When will company Y withdraw its petition.

 

#3 I never told company X about the petition transfer by Y, can company X decide to terminate my employment at a later date? I've been witness to a case, where one of my colleagues who had resigned after H1B transfer was quickly relieved before serving the 15 day notice period, as soon as company X got to know of the transfer from my friend.

 

#4 Will i have to pay for the LCA or the H1B transfer or any attorney fees that company Y may have incurred?

 

Thanks

Abhilash

[jairichi]

1. Yes.

2. Immediately.

3. If you do not tell employer X there is no way of them knowing about this transfer.

4. You pay nothing.