Can the US Attorney withdraw my Approved L1B Petition ?

[SaiRam82]

Hi All,

I work in a company A in India, with its head office in the US.

One of the Job Consultants here have promised me that he can get me an L1B Visa approved for the same company in US with help of his attorney in he US.

The L1B Petition was approved within 2-3 weeks from the day I applied through the Consultancy.

Now, due to personal reasons I cannot travel to the US and have to stay back in India and continue my work here. But my Consultant is forcing me to go to the US as the L1B Petition is already approved.

1. Can't the Attorney speak to the USCIS and WITHDRAW the Approved L1B Petition ?
2. Should I be paying any amount to the Attorney as I am not willing to go to the US ??
3. The Consultant says the Attorney can take a legal action if do not go to the US ???
4. Does the Attorney have any rights on the candidate to take any legal action, as I am not willing to go against his wish ????

Please help me to solve this problem as the Consultant is forcing me to go, as he would lose his contract money which I was supposed to pay after I get on the job. But as I backed off, I am not supposed to pay as per the agreement.

[raghvi]

Hi All,

I work in a company A in India, with its head office in the US.

One of the Job Consultants here have promised me that he can get me an L1B Visa approved for the same company in US with help of his attorney in he US.

The L1B Petition was approved within 2-3 weeks from the day I applied through the Consultancy.

Now, due to personal reasons I cannot travel to the US and have to stay back in India and continue my work here. But my Consultant is forcing me to go to the US as the L1B Petition is already approved.

1. Can't the Attorney speak to the USCIS and WITHDRAW the Approved L1B Petition ?
2. Should be paying any amount to the Attorney as I am not willing to go to the US ??
3. Can the Attorney take any legal action on me, as I am not willing to go against his wish ???

Please help me solve this problem as the Consultant is forcing me, as he would lose his contract money which I was supposed to pay after I get on the job.

Are you sure its L1B not H1B? Because L1B is processed by the company. Have you got the petition in hand? Have you gone for visa stamping? Have you signed any employment contract with the consultant? Employment is generally by choice so no one can force you to join them

This is my opinion not legal advice.

[SaiRam82]

Reply

Are you sure its L1B not H1B?
Yes Raghvi, I'm sure he filed L1B for me and also has the L1B petition approved through one of his attorneys in the US.

Because L1B is processed by the company. Have you got the petition in hand?
No, the consultant never shared or has shown the approved petition to me. None of the details(Job Profile, Location, Salary, Designation) were disclosed to me. And he said he would disclose the details only few days before the Interview. :@

Have you gone for visa stamping?
No, i haven't gone for any Visa stamping. I dont want to go to the US

Have you signed any employment contract with the consultant?
Yes, i ONLY signed the contract with the Consultant and agreed that i will pay him X amount after i reach US.

Employment is generally by choice so no one can force you to join them
I know, but the the consultant is really forcing me hard to go to the US and also says the attorney will take a legal action if I don't go, as the L1B Approved Petition will go waste.

How can the attorney take any action on me when I'm not interested ? Can't the attorney withdraw the already approved petition from USCIS ??

[kabkaba]

Nobody can force you to work for them or pay up for the petition filing costs. It is completely illegal.

Read the agreement that you signed, are there any terms that require you to pay filing costs?

L1 petition is for a intra-company transfer, so it can only be filed if you have worked for this company's foreign branch for at least 1 year during the last 3 years. Have you done that? Otherwise, it may be H1B petition. Even in that case it makes no difference to anything.

Petition withdrawal means nothing to you, it makes no difference at all to you if they withdraw their petition.

Ask them for evidence that they have filed a petition for you and that it is approved.

[kabkaba]

Yes Sir,

You are right. As per agreement with the consultant I had to pay him 2 months salary after I start working. Secondly, as I have opted out from going to the US, the consultant is in a fear of losing the money he should've got had I gone there.

Yes, I am with the company for close to 3 years now.

The first thing that I would ask him to show me the approval letter. The consultant was reluctant in disclosing any of the details until the interview date was blocked. And said he would reveal the details only 2-3 days before the interview, and until then I will be under dark without even knowing my job description, designation, salary, location and other info.

Sir, does the attorney have any rights to take a legal action action on me ? As I am not willing to go and would the approved petition go waste for my employer in the US ?

Please help me to overcome this issue.

Thanks again...!

L1 petition is filed by your employer and not any 'consultant'. Have you worked for this consultant's foreign office? If there is any agreement between the consultant and your employer, it is for them to settle. You are not a party to that. You should communicate with your manager and your company's HR only. Again, something is not right in this whole arrangement.

[SaiRam82]

L1 petition is filed by your employer and not any 'consultant'. Have you worked for this consultant's foreign office? If there is any agreement between the consultant and your employer, it is for them to settle. You are not a party to that. You should communicate with your manager and your company's HR only. Again, something is not right in this whole arrangement.

Sir, the agreement was between me and the job consultant.

I guess the consultant has a tie up with the attorney who helps him file L1B visas for individuals who are seeking jobs in their respective US onshore offices.

The consultant does not have any office in the US. With the help of an attorney, L1B's of an individual are filed and approved.

In my case, as the L1B petition has already been approved through the attorney, my consultant is forcing me to go as he fears losing the money that I should have paid him, if I went to US.

1. HOW CAN the attorney take any action against me ?
2. Can't the attorney approach USCIS and withdraw the approved petition ?
3. I understand that attorney charges X amount of $ to the consultant for using his services in filing the petition. Can i resolve the issue by paying the service fees to the Attorney, and get rid of this trouble which is affecting me very badly ?

I don't want to go to the US, pease help me sir ...!

[SaiRam82]

Experts,

Please can you help me come out of this tricky situation, and provide me a solution to my issue..

[kabkaba]

Sir, the agreement was between me and the job consultant.

I guess the consultant has a tie up with the attorney who helps him file L1B visas for individuals who are seeking jobs in their respective US onshore offices.

The consultant does not have any office in the US. With the help of an attorney, L1B's of an individual are filed and approved.

In my case, as the L1B petition has already been approved through the attorney, my consultant is forcing me to go as he fears losing the money that I should have paid him, if I went to US.

1. HOW CAN the attorney take any action against me ? -- They cannot. You have no dealings with the attorney whatsoever. The attorney is representing either the 'consultant' or your employer.
2. Can't the attorney approach USCIS and withdraw the approved petition ? -- That has nothing to do with you. It makes no difference to you.
3. I understand that attorney charges X amount of $ to the consultant for using his services in filing the petition. Can i resolve the issue by paying the service fees to the Attorney, and get rid of this trouble which is affecting me very badly ? -- No. This will not affect you in any way. Let the consultant and your employer handle this.

I don't want to go to the US, pease help me sir ...!

See above.
Once again, you are only responsible towards your employer. Does your employer want you to go to US? Please read all the previous responses, try to understand how L1 works and then tell us what you don't understand.

[states9blader]

consultant

Hi,

Can you please send me as a private message the deatils of the attorney?

Thank you