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Hi, All,
Please forgive my poor english. I got some questions. After I searched
groups.google.com, I found some related link in this forum. However,
my situation is not the same as theirs.
I received an offer letter from a company, already signed by both
side. Their HR said they are ready for me to start working one week
after they received the signed offer letter( after the result of the
drug test, reference check, employment history check). However, I am a
H1-B holder, so I quitted my former job, and wait for the process of
new H1-B. Just before the submission of my new H1 application form,
they said they "temporary unable to honor their offer" because of some
changs within their company, and there is the possibility that they
may deny their offer (it happened about 3 weeks after I received the
offer letter). I am still waiting for their final answer.
I am a H1-B holder and I already quitted my former job because of
their new offer. I am in a very difficult situation now.
One problem is that there is no specific start working date on my
offer letter (they told me that the HR is ready by email, still no
specific date). I don't know how long they will delay my employment,
1, 2 months, or longer. Then I will have no insurance, income, and
legal H1 status (I have to change to H4 and reapply H1).
Worst case, I don't know if they can deny their offer. I didn't even
start it yet.
From the past posts, offer letter is a contract. I don't want to make
bad relationship with them (who knows what may happen in the future?).
But I cannot just keep waiting for their answer. Is there anything I
can do?
Thank you very much for your help.
AL
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lin0675@yahoo.com (A. L.) wrote in message news:<10ad61c8.0402051503.48296d5@posting.google.com>...
Hi, All,
Please forgive my poor english. I got some questions. After I searched
groups.google.com, I found some related link in this forum. However,
my situation is not the same as theirs.
I received an offer letter from a company, already signed by both
side. Their HR said they are ready for me to start working one week
after they received the signed offer letter( after the result of the
drug test, reference check, employment history check). However, I am a
H1-B holder, so I quitted my former job, and wait for the process of
new H1-B. Just before the submission of my new H1 application form,
they said they "temporary unable to honor their offer" because of some
changs within their company, and there is the possibility that they
may deny their offer (it happened about 3 weeks after I received the
offer letter). I am still waiting for their final answer.
I am a H1-B holder and I already quitted my former job because of
their new offer. I am in a very difficult situation now.
One problem is that there is no specific start working date on my
offer letter (they told me that the HR is ready by email, still no
specific date). I don't know how long they will delay my employment,
1, 2 months, or longer. Then I will have no insurance, income, and
legal H1 status (I have to change to H4 and reapply H1).
Worst case, I don't know if they can deny their offer. I didn't even
start it yet.
From the past posts, offer letter is a contract. I don't want to make
bad relationship with them (who knows what may happen in the future?).
But I cannot just keep waiting for their answer. Is there anything I
can do?
Thank you very much for your help.
I'm afraid you are in a dangerous position, as an H1B visa holder.
Legally, yes, you can certainly sue the company in a court of law and
possibly win damages because you relied, to your detriment, on their
promise to employ you. But filing a lawsuit would probably be
expensive, will certainly take a lot of time (12-24 months), and will
obviously destroy any possibility of actually being employed by this
company.
Your concerns are more immediate, in that you need immediate income,
and immediate insurance. I am not an immigration lawyer and you need
to independently verify that you are even allowed to be present in the
country without a job. My instincts suggest that you are not. Isn't
employment a condition of an H1B visa? These pressing and urgent needs
probably cannot be remedied through a lawsuit, primarily because of
your visa status. My best suggestion to you would be to prepare for
the worst, e.g., prepare to return to your home country. Above all,
make sure you are not in violation of US immigration laws, if you wish
to return and eventually live in the US permanently.
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