Questions regarding H1B transfer

[Rani Raja]

Hi,

I am currently working for an employer who sponsored my H1B visa and am currently working as a contractor for a client. I am not being paid by my employer and hence wanted to look at options of transferring my H1B to a full time position. Good thing is that i have the H1B petition with me and can try transferring it. But in the offer letter that i had signed to my employer has a clause saying that i have to stay with the concern for at least an year and if not obeyed, I will be dealt legally and can be fined approx $25000.

Also the offer letter says that the client should not give me an offer and i should not be joining the client as a full time employee.

I heard from a few people that bonded labor is against the law and want to hear some opinions from few people who have faced this similar situation.

Can i transfer my H1 right away to another company for a full time position and if yes, can my previous employer take any legal action against me?

[Jyothis]

As far as I have heard, employer cannot hold you in a bonded labor. Such legal threats are usually used by unethical companies to scare people up. If they can go legal, so can you. Hire a good attorney or work with your prospective employer's attorney to go over things. If you have a non-compete signed, that may still be valid. In either case, you should consult a lawyer at the earliest. There shouldnt be anything that stops you from seeking another employer, in my experience.

I am not sure what you meant by " I am not being paid by my employer " here. H1 sponsoring company should be your employer and you should be on their payroll.

[Rani Raja]

Hi Yankee,

Thanks for the response.

1. What is meant by a non compete agreement?

2. I am under my employer's payroll for the past 4.5 months and till date i have received only 1 paycheck with the amount for 15 days. He is not paying me for the work that i did. When i approach him regarding this, he says that he has not received payment from the client and hence not paying us. The client is a reputed organization and i don't think they will hold payment to their vendors.

3. Even if i want to switch to another company as a full time employee, i would need 2 or 3 pay stubs but i don't even have one.

[kalyan_ac]

Hi Yankee,

Thanks for the response.

1. What is meant by a non compete agreement?

2. I am under my employer's payroll for the past 4.5 months and till date i have received only 1 paycheck with the amount for 15 days. He is not paying me for the work that i did. When i approach him regarding this, he says that he has not received payment from the client and hence not paying us. The client is a reputed organization and i don't think they will hold payment to their vendors.

3. Even if i want to switch to another company as a full time employee, i would need 2 or 3 pay stubs but i don't even have one.

A non-competent agreement says that you should not work for the same client and vendors in between till some period(X months) if you decide or try to move from your employer.

The company doesnt seem to be a genuine one, you might want to think about filing a complaint with DOL.

[Jyothis]

Get yourself a good lawyer at the earliest.