2 visas

[lucid 4]

hello guys. i need an advice on this. I applied for H1b (working visa) with an employer located in michigan, they didn't promised me a visa since they told me that I need to wait and pray to be picked in the lottery. so what I did, I applied for an EB2 visa (immigrant visa for prof with advance degree) with a different emplyer located in New york, it was approved in USCIS and now processing in NVC.

yesterday i received an email from my H1b employer that my application got picked in the lottery and they will proceed with processing my H1b, I was shocked and ambivalent if how will it affect my EB2 which is already in NVC.? Will the H1b affect the processing of my EB2 in NVC?

I signed a contract with the H1b employer. will they sue me for that if I choose to withdraw from them and continue with the EB2 (immigrant visa)? Thank you.

[nayandtay 0]

Just curious, are you a healthcare professional? If you are, you might wanna look at your contracts with both employers again, it should say what the consequences are, I would think you will have to cancel one and have to pay for whatever amount they spent. On the otherhand, I couldn't believe that USCIS/NVC did not know there was already an H1B visa applied in your behalf...or mYbe they do but it doesn't really matter?????

[lucid 4]

i think they know but as far as the filling date is concern..my EB2 was filed march 28, 2016 and my H1b receipt has a date of april 7, 2016.

[lucid 4]

hello guys. i need an advice on this. I applied for H1b (working visa) with an employer located in michigan, they didn't promised me a visa since they told me that I need to wait and pray to be picked in the lottery. so what I did, I applied for an EB2 visa (immigrant visa for prof with advance degree) with a different emplyer located in New york, it was approved in USCIS and now processing in NVC.

yesterday i received an email from my H1b employer that my application got picked in the lottery and they will proceed with processing my H1b, I was shocked and ambivalent if how will it affect my EB2 which is already in NVC.? Will the H1b affect the processing of my EB2 in NVC?

I signed a contract with the H1b employer. will they sue me for that if I choose to withdraw from them and continue with the EB2 (immigrant visa)? Thank you.

[canadian_wife 1,822]

Will they sue you? What does the contract you signed say?

Good luck

[lucid 4]

it is a 14 pages contract. it says that if I terminate the contract AFTER I start working with them. then I need to pay $50,000

but I will not start working with them because I will not continue with them. actually before I receive the receipt I already sent them an email that I will withdraw my application with them but they just ignored it.

[PeachesMagee 62]

This is too important to leave to an email. I would suggest you call them, and talk to a real person.

Upon the end of your conversation, ask for an email, giving the topic and outcome.

Since you signed a contract, I would try to get everything in writing after you contact a real person.

[lucid 4]

but what will happen to the h1b if my EB2 is in consular processing already? will the pending h1b in USCIS affect my EB2 which will be in consular processing next month?

[TBoneTX 45,267]

Thread is moved from the General Immigration Discussion forum to the Work Visas forum.

[lucid 4]

anyone has any idea? what will happen to h1b if my eb2 is already in NVC?

[HollywoodNorth 22]

First off you are allowed to file for multiple visas and petitions independently. I've done this in hopes of getting a superior visa [ie. I filed for TN-1 renewal and filed for H1B, and got both, I just picked the H1B after the fact]. It's more expensive but it gives you more options. The cases should not impact each other unless there is something that would impact all of them [ie. criminal record].

That being said,

My personal opinion. Greencard > H1B x a billion.

Did you self file for the EB2 or did the New York employer have their immigration lawyers file it for you? If so I'd check with them.

Emails can work as legal notice depending on the state.

I'd have the contract looked over, but logically a company cannot force you to take a job and to immigrate to another country. If there is a termination clause that spells out $50,000 penalty, I'd walk away from it fall stop [unless they are giving you a $50,000 relocation/signing bonus or something then I understand]. Besides the termination clause wouldn't come into play unless you actually start work so I don't see an issue.

I would decline the H1B job and go for the EB2 job in New York.

[lucid 4]

ok. thank you so much for the advise. in your opinion, will i be responsible for the expenses if the h1b is approved but when it is in NVC, i will not comply with the requirements?

[HollywoodNorth 22]

I don't know, you can talk to an employment lawyer and look over any contract. No one can force you to take a job, on the other hand I've seen people who secured work visas and got laid off on day 1 because the corporation had a bad quarter and had to lay off 500 people immediately. I wouldn't beholden myself to an H1B job offer [because lets face it.. until its approved and you accept it, it doesn't exist yet], especially if you have another job with a green card in the wings.

Would anyone here take a H1B job vs a EB2 job? I wouldn't image so. So I don't see the issue.

People decline approved visas all the time...

Edited June 28, 2016 by HollywoodNorth

[HollywoodNorth 22]

I'll add another thing, generally employers can't seek to recover immigration fees back from employees, there are exceptions [visas for spouse/family], but as for damages, they have to argue that you damaged them in whatever agreement you signed, and that can be interpreted differently state to state.

Since you mentioned a five figure penalty fee somewhere [which may not even be legal], I'd drop a few hundred dollars and have a immigration attorney who is familiar with Michigan state law look at this.

Because its in your personal best interest to take the EB2 job. And we have no idea what you signed, if its even legally binding, and most of the advice on this forum is coming from family based immigration.

[lucid 4]

hollywoodnorth

thank you so much for that information, i really appreciate for answering my question/problem. that problem alone really makes me depress and keeps on thinking that if I need to pay for that amount then I think I will just stay in the Philippines. Because if I will need to pay for that then what I will be earning for the next 3-5 years will be spent on paying that debt.

Your answer gave me hope and hopefully you are right that it is illegal to ask for 50,000 for damages, for informing me that I may had signed an illegal contract and the contract maybe not binding and to hire a lawyer if it comes to that time.. Thank you.