Transfer of H1 and laws

[sabiya]

Hello,

I'm working for Company A on L1B visa. I've got my H1 filed through company B this year and it got approbed with COS. This means from Oct 01, I cannot work on L1 anymore and my status will change to H1 autmatically on Oct 01, if I'm in the US.

My questions are:

1) I have paid for my H1 visa and I know it's illegal. I've not signed any contract with H1 employer till date. Can I get the H1 transfer done to some other company say "C" before Oct 01 ? I know it can be done. But just need an assurance from the Senior members.

2) Since I've paid for my H1, can company B create problems for me like demanding more money, filing a case against me in court etc if I get the transfer done before Oct 01 ?

3) What is the safest time to transfer the H1 ? Before Oct 01 or after Oct 01?

I'm planning leap frog so that atleast I can same my L1.

Thanks.

[txh1b]

1. Yes
2. Yes. You did violate the law and the company as well. But you can be sued and what prevails in court depends on your legal support. In general, they will not.
3. Yes, before Oct 1st if you plan to work on H1b. If you are doing leapfrog, can be done anytime.

[sabiya]

Thanks TXh1b.
Could you explain be your answer # 2 ? I hope this is not annoying you.

Just to clarify, I've NOT signed any contract till now with employer B then why should he sue me or demand more money ?

I agree that I've violated law by paying money for H1, I have the cheque number though.

[txh1b]

The employer has processed a H1b due to an express promise by you that you will work for them and they were counting on you to fill a position in the company. If they get a good lawyer, who paid for H1b will not be related to the cae/issue in question here i.e loss of business and that point can be supressed by the court by raising an objection as irrelevant to the case.

You may have to file a separate case for recovering your H1b costs but that will not be related to the issue.

In the legal world, anything is possible. You have to m,ake sure YOU don't violate any laws all the time in this country.

Note: this is all hypothetical argument and no small time consultant will spend money on a lawsuit like this. But a big employer can definitely win such a case.

[sabiya]

Ok. Thanks. I understand what you are saying.
Could I ask him to wait till next year so that I can join him in Jan 09 ? Will this be a problem.

BTW, what is amout that he can sue me for ?

[txh1b]

There are no answers to these questions. You can relax if it is a small time consultant, nothing will happen. Just be happy that I am not your employer