How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Judith Your Own Question

Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24257
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

My employer A revoked my visa last August 2, 2013 and my H1b

Resolved Question:

My employer A revoked my visa last August 2, 2013 and my H1b or my I-94 is until Sept 30, 2013. Is my contract with employer A still valid even if they revoked my H1B? Employer B is willing to file an Eb2 for me as long as I get a release letter from employer A. I'm currently with a lawyer who is processing the change of my status to a tourist visa. Please Advice. Thank you.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith replied 11 months ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Are you referring to the non-compete provision of a contract or exactly what?

 

Judith

 

Customer: replied 11 months ago.

I'm referring to the contract that I signed with employer A, I signed a 2 year contract with them but I was not able to work with them and didn't use my H1B and they revoked my visa this august. So I look for another employer who can file me another H1B or Eb2 but they do need a release letter from employer A. So, is my contract to employer A still valid even though they cancelled my H1B? And what if employer A didn't want to give a release letter, what are my rights? Thank you.

Expert:  Judith replied 11 months ago.

Was there a liquidated damages clause that you owe them $ if you didn't go to work for them for 2 years?

 

Judith

Customer: replied 11 months ago.

Yes, like they paid my trip here to the US, the fee that they use to file for my H1B and some registration exam expenses so it will be like between $5,000 to $6000 I can say. Will they allow me to get a release letter if I told them that I'm willing to pay the bond? Is there a chance I can get it so I can go to another employer who can sponsor me. Thank you.

Expert:  Judith replied 11 months ago.

If you agree to pay them their liquidated damages they will give you a release most probably. They just need to get back their investment in you.

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24257
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

I see, but what if I offered it and they still didn't want mo to give the release letter? Is there any other options? And is my contract is still valid with them even they cancelled my H1B and they were not provide me a job? Thank you.

Expert:  Judith replied 11 months ago.

Yes, the contract is valid.

Why didn't you go to work for them?

This is getting into more complex issues for the value you rated this.

 

Judith

Customer: replied 11 months ago.

I see,Thank you and I do appreciate your response.

Expert:  Judith replied 11 months ago.

You must be a health care worker?

Don't you have a temporary license to work under supervision? You couldn't get an H1B visa without that.

 

Judith

Customer: replied 11 months ago.

Yes, I'm a Physical Therapist with a credential evaluation of master's degree here in the US based on the Credentialing agency that evaluated my credentials here in the US. It's just that I'm not licensed yet but I will take the exam to get certified so my employer was not able to provide me job. Thank you

Expert:  Judith replied 11 months ago.

OK, but the state had to issue you a letter saying that you were eligible to work under the supervision of a licensed PT until you got your license. So that employer couldn't fine you a supervised position?

 

Judith

Customer: replied 11 months ago.

I did told them that but they just assist or support their employees if they are licensed. They can't provide a supervised position for those who are not certified yet. Thank you and have a great day. I do appreciate your response. Thank you.

Expert:  Judith replied 11 months ago.

Then they have breached their contract and you should not be bound by it.

 

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24257
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions