Hello,
I work in MI, for employer A. I accepted an offer from employer B and signed a employment agreement with B. The employment agreement does state that i will need to pay back all expenses incurred on me, if i leave B prior to 12 months of service.
As of now H1 from B, has got approved, but i am yet to join B.
And i haven't yet put my resignation from A.
Now i am thinking to retain my job in A, but i am afraid of the legal ramifications due to the contract signed with B.
Please advise.
B cannot ask for H-1 filing fees from you. That’s the law irrespective of what document you have signed. You can verify this by a labor attorney as well.
If B’s petition was approved w/ COS, and you would like to work for A, then you have to take an action to invalidate that COS. This involves leaving US and returning on A’s L-1 visa or filing COS from H-1 to L-1 after Oct 1. The former is easier option if you already have unexpired A’s L-1 visa stamp.
Thank you very much Saurabh for the response.
But i am currently in US with A’s H1B and my family with A’s H4. So in this case does B’s H1 and H4 approval come under COS? Please advise.
In that case, there is no COS (it wasn’t mentioned in original post that is H-1 transfer and so I thought of it as COS from L-1 to H-1).
You can continue to work for A on the basis of their approved petition. B cannot ask for H-1 filing fees from you. Still check w/ a labor attorney in your state.
Thank you very much, Saurabh. The response has really pacified my tensions. Appreciate your support.