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H1B Case: Need URGENT ADVISE

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  • H1B Case: Need URGENT ADVISE

    Hi,

    I am currently employed with CompanyA in India. I was looking to get back to US and filed my H1B petition from Company B in US.
    Before filing my petition, CompanyB asked me to sign the employment agreement which says all the terms of the service. I have signed that document and send it across to US.
    Now the situation is that my H1B petition got approved and I have got some personal emergency at home and so will not be able to travel to US.
    Company B has invested on my H1B petition / visa processing and so the question is that can they legally ask me to return that money. One of the clause mentioned in that employment agreement was that if I leave Company B within my first year of service, I have to pay all the expenses the company would have incurred on me.
    Now as I have not stamped my Visa and not resigned my current company A in India, I think that I am legally not their employee as I am not on their payroll and so the question is that in this situation can company B use any of the clauses against me.
    Please advise

  • #2
    It sounds to me that NO, you do not have to pay back anything to CompanyB, but you won't have any H-1B through them, and you won't be working with them.

    Basically, you can pretend the whole thing never happened.

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