H1B Approved but no job

[grajsaxena]

Hi,

I got my H1B approved on 26th Nov'13 and my employer A had me signed a contract before which says that I need to be with him for atleast 18 months.

but now he does not have any project in hand and hence I am without a job.

At this point some other employer B is ready to hire me and offer a job.

Question:
1:- In US, are these contracts valid in which I have to be with the employer A for 18 months (he asked me to sign it on his company's letter head)

2:- Employer A has not given me the original copy of approved I-797 yet, is it possible that he might not give it to me since I am willing to join employer B?

3: Can the Employer B file H1 transfer for me? How long does it take to process?

[raghvi]

Hi,

I got my H1B approved on 26th Nov'13 and my employer A had me signed a contract before which says that I need to be with him for atleast 18 months.

but now he does not have any project in hand and hence I am without a job.

At this point some other employer B is ready to hire me and offer a job.

Question:
1:- In US, are these contracts valid in which I have to be with the employer A for 18 months (he asked me to sign it on his company's letter head)

2:- Employer A has not given me the original copy of approved I-797 yet, is it possible that he might not give it to me since I am willing to join employer B?

3: Can the Employer B file H1 transfer for me? How long does it take to process?

What do you mean doesn't have a project? On what project basis was the H1 approved in the first place? Anyhow the employer is obligated to pay you as per the LCA and if they dont you can complain to DOL.

1. If you have signed something like that yes you can be help liable, but an attorney would have to see the actual contract in order to determine the cause and effect of breaking such an agreement.
2. Yes its their petition and they have a right to not give it to you.
3. Without approval notice/receipt it wouldn't be easy. Further, if you are not getting paid from employer A , you are out of status, when you are out of status it wouldn't be possible to get a successful transfer.

This is my opinion not legal advice.