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iamsam321

H1B Liquidated Damages for yet to join company

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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 ? 

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Why did you pay any money to B? That is illegal. NEVER NEVER NEVER pay any money for an H1. Run away from any company that wants money for an H1. Such companies are all shady frauds. And liquidated damages are never a fixed amount. Them calling a penalty "liquidated damages" doesn't make it so. Penalties are not allowed.

File a complaint with DOL on form WH4.

Edited by JoeF

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