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Employer Asking for in writing reasong for not joining the company

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  • Employer Asking for in writing reasong for not joining the company

    Hi,
    My H1 was approved this october but because of the US market condition, i am not willing to join my desi consultant.Now he is asking for the reason in writing.Is that safe?

  • #2
    Does he want you to join and have a client? If he has a client, why not join him?
    Do not give anything in writing, because then he can put the blame on you.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by Bingo123
      Hi,
      My H1 was approved this october but because of the US market condition, i am not willing to join my desi consultant.Now he is asking for the reason in writing.Is that safe?
      If it is a COS, you MUST join or you will be out of status. You cannot continue in your old status after a COS approval to H1b.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Originally posted by txh1b
        If it is a COS, you MUST join or you will be out of status. You cannot continue in your old status after a COS approval to H1b.
        It was COS but thanks to all of you i did Leap Frog..and i am safe ..but now do you think i should not tell him anything in writing ? What could be the after effects of this ?

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        • #5
          It seems, you h1b employer doesn't know about your leap-frog.

          If you did leap-frog then you are not eligible to join that employer as you are on different status other than H1.
          I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

          Comment


          • #6
            You can just ignore the employer's request if you did that. The employer is trying to protect himself assuming that you are on H1b and to save himself and put you on the line for possibly being "out of status".

            If you say you will not be able to join, no impact whatsoever.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              In worst case employer will revoke your H1B petition.
              Do you have atleast receipt# or approval notice with you?
              Last edited by itzprams; 12-03-2008, 07:27 PM.
              I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

              Comment


              • #8
                I am on a similar situation but haven't done the leapfrog. I am just planning to go back to india soon so will there be anything I would need to do like send anything in writing to the employer?

                Also will this H1 be counted as a valid visa even if I donot go for stamping?
                Would I have to mention it in future Visa application? Please advise.

                Comment


                • #9
                  If it was a COS, there are 1000+ posts on the subject. What makes you question the validity of the H1b status? It is valid and you ARE out of status if not working for the H1b employer and getting paid. No exceptions.

                  Read other posts. You have to mention your status violation in the future visa apps and will cause immigration problems.

                  I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                  Comment


                  • #10
                    Hello,

                    I'm also in similar situation.
                    I'm working on L1B visa and file for H1 with COS this year. My H1 is still not approved but to void the COS, I travelled to my home country and came back on L1B visa with a new I94.

                    My H1B employer does not know that I have travelled during pending H1B status. Do I have to inform him about it ?

                    Will there be any problem for NOT working on H1 ?

                    Can I continue to work on L1 visa ?

                    Comment


                    • #11
                      Has been answered numerous times and again in this thread. Why are you asking again? What part of the replies from Itzparms isnn't clear?

                      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                      Comment


                      • #12
                        Originally posted by madhav_s
                        Hello,

                        I'm also in similar situation.
                        I'm working on L1B visa and file for H1 with COS this year. My H1 is still not approved but to void the COS, I travelled to my home country and came back on L1B visa with a new I94.

                        My H1B employer does not know that I have travelled during pending H1B status. Do I have to inform him about it ?

                        Will there be any problem for NOT working on H1 ?

                        Can I continue to work on L1 visa ?
                        You already did leap-frog so its your choice to inform him or not. If they sponsored your H1B then they might try to recover money in legal way and/or revoke your H1B petition.

                        Yes, you can continue working on L1 (assuming your leap-frog was successful)
                        I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

                        Comment

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