My friend has been stranded in India due to 221g with no clear visbility when it will resolve and is currently on unpaid leave. He is under payroll of a consulting company who doesnt have an office in India and cannot work from India. If he wants to join a job in India for short term he most likely may be asked for a relieving letter from existing US company. Question is - Is it mandate for US consulting company to cancel his H1B petition if they have to issue a releiving letter? He doesnt want to lose his H1B petition since its valid until 2028 and if he loses may subject to 100k fee.
Usually, a company would withdraw the H1B petition to avoid liabilities in future.
And in today’s times, most companies are withdrawing the H1Bs immediately.
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So will he subject to a 100K fee if he has to get H1B out of cap again?
Yes, as per current rules and if extended.