H1-B issues

[searching4answers]

I need some help. Let me start the story back in July 2008 when employer A notified me that my petition was not randomly selected that year. The int'l recruitment manager offered me an additional bonus of $2K if I would sign up with them, which I didn't take because I have employer B who would file for a petition under cap-exempt.

In December 2008, employer B's petition got approved and got stamped on my passport. But then there was a mistake on employer B's part that caused us an RFE. So, the agent of employer B called me and said they would have to refile it. Until now, we haven't heard any updates on the visa. So, employer B filed for a regular cap petition for April 2009.

In February 2009, a local agency working for employer A asked if I would be interested in filing for a regular cap processing. I mentioned that I have a pending RFE. The agency told me that they would ask employer A for some help.

In April 2009, employer A sent me an email saying they have submitted a petition under my name. But I didn't accept their offer yet. So, immediately, I emailed them and told them the current situation. And they said even if there are 2 petitions filed, I should only pick one. I also told employer B about that situation.

Today I have received some news from both employers that they have received NOAs.

WHAT'S THE BEST THING THAT I SHOULD DO? I don't want to be liable to employer B because I am in contract with them. Is it legal for me to ask for a new contract from employer B since I originally signed up with them to get a cap-exempt visa. What are my rights?

[txh1b]

Join whomever you want to. None of the contracts are valid unless they invested money on training you or bringing you to US.

[searching4answers]

H1-B issues

It states on the memorandum of agreement that they have already received a notice of action or receipt from USCIS and I quit, I'll have to pay them $18,000.00.

Can I still ask them to prepare a new MOA for me since the original visa being referred to by that contract is almost considered denied? We haven't heard about it since January 13, 2009. Plus they lied when I asked for the reason why I had an RFE.

I really really need an expert opinion.

[txh1b]

Such fixed price employment contracts or involuntary servitude type agreements are not valid. Only liquidated damages on a sliding scale can be claimed. Talk to a labor law attorney.