H1 COS queries

[sumangal]

Hello,

It's very commonly seen that when one applied for H1B, the person is not aware of COS. This lands them into trouble when H1Bvisa is approved.

Can an employer threaten a person for not joining them after H1B is approved ?

What are the tactics that H1 employer apply to threaten the employee for not joining them ?

How to get rid of such problems ?

What are the options that H1B employer has if the employee is not joining the employer ?

Thanks.

[itzprams]

It's very commonly seen that when one applied for H1B, the person is not aware of COS. This lands them into trouble when H1Bvisa is approved.

The fact is that you are out of status if not working for H1 employer after COS.

What are the options that H1B employer has if the employee is not joining the employer ?

H1 employer can revoke your petition and if you have signed any contract they will follow it. If they have sponsored you then they can sue you for "LIQUIDATED DAMAGES".

Safe option would be to find an immigration attorney.

[sumangal]

H1 employer can revoke your petition and if you have signed any contract they will follow it. If they have sponsored you then they can sue you for "LIQUIDATED DAMAGES".

What if a person has paid for his H1B and not signed any contracts ?

[itzprams]

Illegal to pay for H1B.
You are out of status now as you are not working for h1 employer.

If you have proof of payment then you can complain to DOL.
But again, check on your status first.