Confused... 2 companies got H1B approval at consulate... what to do???

[paulo27]

This situation is unique in that company A sponsored my sister for H1B last year... and on consular interview that application was denied...

My sister files a new application with company B who just this week received notice of approval of her I-129 although no interview has been set yet...

To complicate things, my sister got called back to the embassy yesterday and they told her that the petition from company A was reviewed and the denial was changed to an approval. My sister was too stunned to object and accepted the visa... go figure....

Now the dilemna... job offer from company A still stands and they want her to work for her ASAP...

company B is furious as they filed premium processing and is threatening to sue for costs and breach of contract... and want her to go back to the embassy and interview for a different H1B with company B's name on it and honor her contract with them...

interestingly company B has better terms and priveleges compared to company A and it would be preferrable if she joined company B...

the problem is will USCIS end up denying both her petitions? There is no fraud as both job offers are valid and available... it's just a matter of which contract she chooses to honor...

Any similar experiences or ideas?

 

[great guru]

This situation is unique in that company A sponsored my sister for H1B last year... and on consular interview that application was denied...

My sister files a new application with company B who just this week received notice of approval of her I-129 although no interview has been set yet...

To complicate things, my sister got called back to the embassy yesterday and they told her that the petition from company A was reviewed and the denial was changed to an approval. My sister was too stunned to object and accepted the visa... go figure....

Now the dilemna... job offer from company A still stands and they want her to work for her ASAP...

company B is furious as they filed premium processing and is threatening to sue for costs and breach of contract... and want her to go back to the embassy and interview for a different H1B with company B's name on it and honor her contract with them...

interestingly company B has better terms and priveleges compared to company A and it would be preferrable if she joined company B...

the problem is will USCIS end up denying both her petitions? There is no fraud as both job offers are valid and available... it's just a matter of which contract she chooses to honor...

Any similar experiences or ideas?

If she really interested on company B offer, better take another appointment get H1 on company B petition. She can tell the counsel, since the comp A h1 denied bythem you got another job from B. But process may get delayed if they have admin check or issue 221(g). Otherwise she can come on comp A visa, she already have with her, if the job does not suit her, can transfer to company B. Weigh both option yourself.

 

[ginnu]

This situation is unique in that company A sponsored my sister for H1B last year... and on consular interview that application was denied...

My sister files a new application with company B who just this week received notice of approval of her I-129 although no interview has been set yet...

To complicate things, my sister got called back to the embassy yesterday and they told her that the petition from company A was reviewed and the denial was changed to an approval. My sister was too stunned to object and accepted the visa... go figure....
---------------- it means your sister got H1 visa stamp based on H1 petition approval of A
Now the dilemna... job offer from company A still stands and they want her to work for her ASAP...
---------------- what is the problem if A is still want to hire her? she should get new recent letter from the company to join them
company B is furious as they filed premium processing and is threatening to sue for costs and breach of contract...
------------------- B cant do anything USCIS fees for H1 or lawyer has to be paid by employer. what if I dont come to US?? what the B can do??? your Sister can come to US and start working with A no need to inform B, no need to reply the email, phone calls, your sister is out of town
and want her to go back to the embassy and interview for a different H1B with company B's name on it and honor her contract with them...
----------------- that is upto her if she wants to go with B. better try to find through your contacts if B is good or A is good ( what about salary? Location? make a decision if she needs to work with A or B?
interestingly company B has better terms and priveleges compared to company A and it would be preferrable if she joined company B...
-------------- then she should go with B
the problem is will USCIS end up denying both her petitions?
------------- NO, she can explain that as it was delay on Consulate part to grant her Visa she prefer to go with B
There is no fraud as both job offers are valid and available... it's just a matter of which contract she chooses to honor...

Any similar experiences or ideas?