Dilemma post H1b approval

USA H1B Visa
1

Hi
I am currently in India working for employer A, got h1b petition approved from Employer B who is based in US.

Now question is

  1. If I deny now, can Employer B harass by name of contract ? Does it effect future application? Can he legaly do anything?

  2. If my stamping is rejected, can the same Petition can be used for other employer to apply for CAP exempt?

  3. What happens if a new employer applys for CAP exempt using this petition but Employer B has cancelled the petition? Does my application get rejected? What is the worst case?

  4. Is there any way to check whether petition is cancelled or not?

Appreciate your quick response.
Regards

2

  1. They can harass you, but cannot do anything more about it. Legally, employer B is required to pay for all H-1B related expenses, and its a business loss to them if you don’t join them.

  2. Yes as long as the petition is not revoked by USCIS.

  3. If B revokes the petition, you can still go for cap-exempt route. Only if USCIS revokes the petition on the basis of fraud or misrepresentation, can you not use that petition.

  4. You may follow online status of your petition, but it’s not 100% reliable.

3

Many thanks Saurabh
#1 - So can they go to court for getting the business loss? Since I am in India what can I do? Meaning mostly they make us all pay the fees indirectly

#3 - Can you please elaborate on Fraud and Misrepresentation?
In either case what happens to new application, does it simply moved to cap non-exempt? or it will be rejected and one has to file again. Also such cap exempt also are filed in April only or they can be filed any time?

Again thank for your help and guidance
Regards

4

  1. No need to worry. Your employment w/ them hasn’t started yet and by law employer cannot ask for H-1 filing fees directly or indirectly.

  2. Let’s say you or employer submitted information that you have done B.Tech, but actually you have done B.Sc. Then that’s fraud and misrepresentation and once USCIS realizes that, they can revoke the petition. Same thing happens, if they notice issues with employer related information (like size, violations etc).

5

Thank you so much Saurabh for helping with this
Actually due to contract we were made to sign saying once you sign you have to work for one year or else… there was lots of confusion.

6

That is not valid in US. I don’t think its valid in India as well, but you can run it by a labor attorney in India to be sure.

7

ok, this was written for US jurisdiction.