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

or my I-94 is until...
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.
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Answered in 3 minutes by:
8/24/2013
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,276
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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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

 

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Customer reply replied 4 years 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.

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

 

Judith

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Customer reply replied 4 years 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.

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 Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,276
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 years 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.

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

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Customer reply replied 4 years ago

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

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

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Customer reply replied 4 years 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

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

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Customer reply replied 4 years 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.

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

 

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,276
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,276
29,276 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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