Forcing to work on H1

[arpita_10]

Hello,

Can an employer in the US force a person to work by scaring them by lodging a legal case against them ?

I've read this forum and the answers in. Nobody can force anyone per the US laws.

I'm asking this question because:
I'm on L1 Visa and got my H1 filed through a consultant here. He applied with COS from L1 to H1. I want to continue on my L1 and I know "leap frog" is the only way out.
If I do not join the H1 employer after Oct 01 and want to continue on L1 even after Oct 01. Can the H1 employer file a case against me ? Can he threaten me ?
I'm really worried. If he does so what should my plan of action be ?

Please let me know.

[knowledgeable]

If you have ...

... not signed any binding contracts, then you should formally resign from the employer and you need not work.

If you are under some one's employment then you're obliged to work for the company/person and if you choose not to, then they have the rights to file a law suit against you to recover any damages.

Please don't try to put your feet in two different places at the same time. Decide on where you want to stay and let the other company know about it.

Good luck.

PS: They can still legally sue you for damages of filing your H1B and associated costs.

[arpita_10]

Thanks for your reply.
But I have paid for my H1B so can they still sue me. I think I can sue them for taking money for H1 ?

[enigmatic10me]

Thanks for your reply.
But I have paid for my H1B so can they still sue me. I think I can sue them for taking money for H1 ?

Both of you have violated the law if you have paid the full amount for your H-1B. One can legally pay some fees but not entire amount.

[txh1b]

People should start taking responsibility for their actions. Why should the government help when you decide to violate the laws on your own free will?

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

[arpita_10]

Thank you all.

Could you tell me how much does it cost an employer to file an H1B ?

[knowledgeable]

Unfortunately ...

.. it's not just the H1B filing fees, but they can add up attorney's bills and their own administration costs.

This can run into a couple of grand or even more if they wish to!

Also, do understand that the employer lost one visa just because someone did not join and they may have lost their business opportunity with their vendors.

I do understand that most people think these consulting companies are "thieves", but not all can be bad and not all consultants or employees are honest anyway.

Nope, I am not am employer or an employee of any such company.

Take care.

[arpita_10]

Thanks.
So can I tell him that I'll not be able to join on Oct 01 but will be joining sometime in 2009 ? Will this be a problem ?
Can I ask him to revoke my H1 ?

Let me know.

[arpita_10]

TXH1B, do you also feel the same ?

[txh1b]

I doubt if the money-taking-cheap-h1b-employers need a reason or a letter. You can just say you want to delay your start date. Simple and be done with it.

I doubt if they will go to court as they themselves have violated the law!