H1b Contract query


onh1b2014

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Hi All,

 

I have signed a below agreement with my employer while coming to usa. Prior to filing they already taken $4000 for as security deposit to file my visa.

 

"Agreement says that i shall reimburse company for the actual cost company incurred on behalf of the employee, including but not limited to immigration fees in sponsering employee and obtaining employee's work permit, employee's moving and relocation costs, all airfare and travel expenses, marketing fees, recruting or employment agency fees and training costs. Employee hereby authorizes company to withold from any paycheck, the amount owned by the employee to the company towards reimbursement of expenses incurred."

 

I have an offer from another company. Is this contract legal ? How much company can ask me to pay if i breach the contract ? I have paid for my travel, airfare and so on. No trainings.

 

Please help me to get out of this.

 

Thanks

 

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SO, did they give back the "security deposit" back after 6 months.

You are not leasing a car or apartment so it sounds absurd. If they don't give it back just move on if you have a good opportunity and they can come after you if they wish.

 It should not affect immigration matters  in future.

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Thanks a lot All for posting your suggestion.

 

If i get a good opportunity then i can legally leave my current company and join my new employer.

 

I found below link (DOL) from other posts which says...

 

"Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract."

 

Link: http://www.dol.gov/compliance/guide/h1b.htm

 

So employer can ask me for expense reimbursement as stated in my contract.

 

Can you please provide your suggestion?

 

Thanks.

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Thanks a lot All for posting your suggestion.

 

If i get a good opportunity then i can legally leave my current company and join my new employer.

 

I found below link (DOL) from other posts which says...

 

"Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract."

 

Link: http://www.dol.gov/compliance/guide/h1b.htm

 

So employer can ask me for expense reimbursement as stated in my contract.

 

Can you please provide your suggestion?

 

Thanks.

Talk to a good labor attorney from your state with all documents that you possess.

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If you get a new opportunity you should take it. Your current employer cannot stop you from doing that. Since you have already paid them $4000 consider that as liquidated damages and move on.  Even if you owe any money beyond that it will  cost them more money to pursue  damages and  they will not waste time doing that.

This looks like purely a scare tactic and don't fall for it.

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