H1 approved with new employer but not intrested to join there


I am currently working in U.S on H1B. I have a new employer who has transfered my H1 and it got approved as well. Initially I thought to join with the new employer so I have given him my acceptance to file for my H1 but I now want to stay back with my current employer. So can I stay back with my current employer as I have not resigned my current job but my new H1B is already approved. Does it cause any status issue?

Also my new employer wants me to join him and is threatening that he would proceed legally if I don’t join him as I have accepted his offer to jon him last week and since he has already spent money for premeium processing. So will it be an issue if he proceeds legally?

Your advise will be of a great help as I am not intrested to join with the new employer on newly approved H1B.


This happens often. You have the right to change your mind. It is however fair that you promise to reimburse the cost incurred by Employer-2 for premium processing. Legal proceedings can only be used to pursue money owed and employers cannot challenge you from an immigration standpoint. Simply promise to pay cost incurred. This is visa fees mostly and maybe reasonable costs for hours spent by a lawyer to prepare your petition.

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. [sshankar@chu.edu](mailto:sshankar@chu.edu)

Thanks a lot Sandeep for your valuable advise, he is actually demanding me to join him. I spoke to him on a settling note in terms of cost spent for Visa processing but he is demanding a very huge amount which is very much out of reach to me or else he is treatening to proceed legally. I don’t think I can pay the huge amount he is demanding as an investment cost and my only worry is he being one of the big employers as well, will this cause me any issue if he proceeds legally or is he just threatening me to make me join him?

Thanks for all your time.