Query - H1b visa processing with another company

[TheLegend84]

Good Day All,

I am new to this forum so not aware of all the rules here. So forgive me in case i am not following any rules here.

Currently I am working with Company A for last 3 yrs. I already have L1b visa stamped last year from Company A , though i never been to US on L1b. I found a sponsor in jan'15 i.e. company B and they initiated my H1B visa which is now selected in lottery and i am waiting for stamping in coming months. Now due to some reasons i don't want to join company B. (As per company B condition , i need to join them if and only if i get my H1b Visa stamped). Shall i be facing any issues if i dont join company B even when they initiated my visa and got it stamped Or do i need to join them irrespective of any reasons.

Thanks,

[shervin143]

In U.S, employment is at will basis. No one can force you to work for them if you are not interested. You can decide not to travel to U.S to work for that employer even after a successful H1B visa stamping.
Did you sign any contact with that employer?

On a related note, filing a H1B petition is a lot of money for the employer. Didn't you look at the employer's terms and conditions before accepting the offer and filing the petition?

[TheLegend84]

Thanks shervin143 for the super fast reply !!! Really appreciate that !!!

I have never signed any contract or paper with the company as i never met any official of that company. Everything was done through emails or Skype i.e i emailed them all my documents. No hard copy sent to them. So i am hoping that i am not bound by any contract here. Now if my visa gets stamped is there any compulsion to join that company ? Also let me know whats the average time it takes to get the visa back once you have given your visa interview ? I am out of my home country currently (not in US) and need to go to home country as this is my first H1b stamping and then need to come back (where i am currently located). So just wanted to in advance how many days it takes to get the passport back so i can fly back (to current location).

Thanks again for helping !!!!

[shervin143]

Now if my visa gets stamped is there any compulsion to join that company?
>>> No.

Also let me know whats the average time it takes to get the visa back once you have given your visa interview?
>>> Anywhere between 1 to 2 weeks.

[TheLegend84]

Thanks shervin143 for the help !!! Any idea when will the interviews for Normal H1b process starts this year ? Any Guesses ?

[raghvi]

They pretty much should already be scheduled by individual beneficiaries.

Remember, you have to first get the relevant documents from B (I129, I797, etc. see complete list at https://www.immihelp.com/h1-visa-stamping-documents/). Then you have to schedule an appointment online by first filling the DS-160 and then paying the fees to book your appointment slot, go for fingerprint, and then actual visa interview at a US consulate. I dont know if you are keen on doing all this if not willing to join B.

This is my opinion not legal advice.

[shervin143]

You can schedule it anytime after your petition gets approved. You will need a lot of documents from your employer to clear the H1B visa interview successfully.

https://www.immihelp.com/h1-visa-stamping-documents/

Thanks shervin143 for the help !!! Any idea when will the interviews for Normal H1b process starts this year ? Any Guesses ?

[TheLegend84]

Thanks Shervin/Raghvi for your valuable inputs. So does that mean i need to schedule the interview myself Or this is scheduled by my sponsor company ?
Also on checking the status i get the following :


"On April XX, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number YYYY YYYY YYYY , and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice."


Whats the next status the above messages changes to ? and when i can expect that change (approx.)?

Thanks

[shervin143]

This message means that the petition filed by your employer has been accepted by USCIS. A decision has still not been made on your case. Keep tracking the case online using your receipt number. Case status would be updated even there is an RFE or approval or denial.

You need to schedule the visa interview by yourself. Follow the below link. You can schedule the visa interview only after your petition gets approved.

https://www.immihelp.com/h1-visa-stamping-documents/

Thanks Shervin/Raghvi for your valuable inputs. So does that mean i need to schedule the interview myself Or this is scheduled by my sponsor company ?
Also on checking the status i get the following :


"On April XX, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number YYYY YYYY YYYY , and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice."


Whats the next status the above messages changes to ? and when i can expect that change (approx.)?

Thanks