iamsam321 replied to VXP's topic in H1B : GeneralWhat happened to your case ? I am also facing the same issue, i dont want to join the consultancy which had a LiqDam clause of 12 months.
I was working for CompanyX, They filled fresh H1b Visa, I travelled, Visa expired. I came back to India, then I joined CompanyA in India. I am working in CompanyA. While working in CompanyA, Another IT consultancy say consultancyB contacted me for onsite Job Opportunity, I cleared the interview, They send me offer letter which has a clause of Liquidated Damages of $10000 for 12 months. The offer also says "You agree that your contractual duties will commence on the day You report to work at consultancyB's client location". I signed offer letter in India, along with bank transfer of 2 lacks rupees to consultancyB as a deposit. upon receive consultancyB filed my H1b under Cap Exampt, It got approved, and I attended the visa interview and get stamped Visa. Now when I resigned from CompanyA ( my current company) They gave me a counter offer which is extremely hard to reject. So I don't want to join consultancyB. My question is, Am i suppose to pay Liquidated Damages of $10000, If I haven't joined that company. not in India nor in USA. Currently I am in India. I am ok for loosing 2 lacks rupees that I deposited. Any help is appreciated as I am going through tough period of dilemma, Can consultancyB filed a legal action against me in India and USA ?