Urgent - Employer behaviour

[telgojava]

Hello,

I've got my H1 Filed from a desi consultant X. I do not want to join this consultant due to current market condition.

My H1 is approved and he is threatening me for not joining him. I got a call from them where they told me they'll sue me and take legal action against me.
What should I do ?

I've not signed any contract till now . Also, I've paid for my H1 (I know this is illegal).

I've asked them to give me a threat in writing. They are not doing so.
Suppose if they send me a legal notice by email or by Fedex / UPS , what should I do ?

Thanks.

[telgojava]

Can someone answer my question, please ?

[txh1b]

Was the H1b a COS?

[telgojava]

Yes, it as COS that I was not aware of. Later when he told me, I went to India and came back on Oct 6 2008 to the US with my L1B visa. I got a new I94.
The consultant does not know that I travelled before Oct 01 and came back on Oct 06.

What should I do ?

[txh1b]

Tell your employer to start paying from Oct 1st (You should not accept the payment as you did leapfrog). The H1b employer will just shut-up as they will not be willing to pay you on bench period.

They could however sue you for damages as you promised that you will join them and now are not after they invested and paid for your H1b. I don't care if you paid for the H1b as it is illegal. This would rarely happen as they are guilty of violating DOL rules as well.

[telgojava]

Yes, I've paid for my H1
Can they still take any legal action against me ?

Also, should I disclose that I did leap frog ?

[txh1b]

Your choice. They can still sue irrespective of leapfrog but they will not do that as they would be diggin their own grave.

[telgojava]

Can I ask him to revoke my H1 ? Or will he do it himself, if I do not join him ?
I do not want to work on H1 now as the market is really bad.

[telgojava]

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Can I ask him to revoke my H1 ? Or will he do it himself, if I do not join him ?
I do not want to work on H1 now as the market is really bad.

Can someone please answer my questions ?

[txh1b]

You are asking the same questions again and again. The employer can revoke the H1b and do not need your permission to do it.

[telgojava]

Sorry for the questions.

I've more question.

Can the employer get an RFE since I've done leap frog and the latest L1B I94 is with me ? If yes, do i have to send him the latest I94 that I have ?
Whatever the case is, I do not want COS. How to get rid of it ?

If he creates problems for me, can I write the DOL about the H1B payment that I made ?

Thanks.

[txh1b]

You do not need to do anything. Sit tight. You should write about the H1b payment even now, not support illegal actions. I am out of this thread.