H1B Visa transfer ** Critical please

[INCT]

Hi,

Please help with the following question:

I am holding H1B Visa my current employer. I have got a job offer with another employer B. The Visa transfer(or new Initiation) process has been initiated and approved. The current status of the H1B visa applied by the employer B is "Decision" in the USCIS website. Now I am not interested in joining the employer B and want to stay with my current employer. My questions:
1. Will there be any problem if I reject the employer B offer , even though the Visa is approved. And can the new employer B take any legal actions against me?
2. Will there be any issues with the H1B visa with my current employer?

Please help me with these questions. This is real urgent. Thanks so much in advance for the help.

Thank You!

[raghvi]

Hi,

Please help with the following question:

I am holding H1B Visa my current employer. I have got a job offer with another employer B. The Visa transfer(or new Initiation) process has been initiated and approved. The current status of the H1B visa applied by the employer B is "Decision" in the USCIS website. Now I am not interested in joining the employer B and want to stay with my current employer. My questions:
1. Will there be any problem if I reject the employer B offer , even though the Visa is approved. And can the new employer B take any legal actions against me?
2. Will there be any issues with the H1B visa with my current employer?

Please help me with these questions. This is real urgent. Thanks so much in advance for the help.

Thank You!

As long as you have a valid petition and associated valid I-94 with current employer you can continue to work with them.
1. Not unless you have signed on any contract with them.
2. Not unless you tell them.

This is my opinion not legal advice.

[INCT]

As long as you have a valid petition and associated valid I-94 with current employer you can continue to work with them.
1. Not unless you have signed on any contract with them.
2. Not unless you tell them.

This is my opinion not legal advice.

Thank you so much for your reply.

I have signed the offer letter with the new employer B. But the offer letter doesnot have anything related to the Visa costs incurred for the Visa transfer or employee joining mandatorily their organization. Below is the detail I found in the offer letter:

Employment with YYYY X is 'at−will,' meaning that it is not for any specific period of time and can be terminated
by either you or by the Company at any time, with or without advance notice, and for any or no particular reason or
cause. It also means that your job duties, title, responsibilities, reporting level, compensation and benefits, as well as
the Company's personnel and other policies and procedures, may be changed at any time, with or without advance
notice in the sole discretion of the Company. This 'at−will' nature of your employment with the Company shall remain
unchanged during your tenure as a YYYY X employee, and can only be changed by an individualized, express
written agreement to the contrary that is signed by you and by the President of the Company.

But the above statement is related to rules after joining the company. So do you think this will be a kind of contract for me to join the Employer B even if not interested.

Please clarify. Thanks in advance.

[raghvi]

Thank you so much for your reply.

I have signed the offer letter with the new employer B. But the offer letter doesnot have anything related to the Visa costs incurred for the Visa transfer or employee joining mandatorily their organization. Below is the detail I found in the offer letter:

Employment with YYYY X is 'at−will,' meaning that it is not for any specific period of time and can be terminated
by either you or by the Company at any time, with or without advance notice, and for any or no particular reason or
cause. It also means that your job duties, title, responsibilities, reporting level, compensation and benefits, as well as
the Company's personnel and other policies and procedures, may be changed at any time, with or without advance
notice in the sole discretion of the Company. This 'at−will' nature of your employment with the Company shall remain
unchanged during your tenure as a YYYY X employee, and can only be changed by an individualized, express
written agreement to the contrary that is signed by you and by the President of the Company.

But the above statement is related to rules after joining the company. So do you think this will be a kind of contract for me to join the Employer B even if not interested.

Please clarify. Thanks in advance.

I dont think so, advised to run it by attorney.

This is my opinion not legal advice.