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asking for a new contract from my H1-B petitioner

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truelyconfused

Junior Member
I need some help. Let me start the story back in July 2008 when employer A notified me that my petition was not randomly selected that year. The int'l recruitment manager offered me an additional bonus of $2K if I would sign up with them, which I didn't take because I have employer B who would file for a petition under cap-exempt.

In December 2008, employer B's petition got approved and got stamped on my passport. But then there was a mistake on employer B's part that caused us an RFE. So, the agent of employer B called me and said they would have to refile it. Until now, we haven't heard any updates on the visa. So, employer B filed for a regular cap petition for April 2009.

In February 2009, a local agency working for employer A asked if I would be interested in filing for a regular cap processing. I mentioned that I have a pending RFE. The agency told me that they would ask employer A for some help.

In April 2009, employer A sent me an email saying they have submitted a petition under my name. But I didn't accept their offer yet. So, immediately, I emailed them and told them the current situation. And they said even if there are 2 petitions filed, I should only pick one. I also told employer B about that situation.

Today I have received some news from both employers that they have received NOAs.

WHAT'S THE BEST THING THAT I SHOULD DO? I don't want to be liable to employer B because I am in contract with them. Is it legal for me to ask for a new contract from employer B since I originally signed up with them to get a cap-exempt visa. My plan now, since I've lost hope/confidence with employer B is to go for employer A since they are well established already.

I am aware that both petitioners paid $2320.00 for filing. Contract states that if I quit when they have already received a notice of action, I have to pay $18,000. What are my rights? Am I allowed to ask for a new contract/memorandum of agreement? Is the contract still valid since the original visa being referred to is already considered denied because of their fault?

Please help me.
 



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