Employee Confidential Agreement

Sri Sri

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Hi Team,

For the past 1 year, I was working for a client thru Indian IT consulting firm and they have applied for my H1-B. In the process of applying for H1-B, I was asked to sign a offer letter and a confidential agreement. I didn't notice that their is a clause that tells that I have to pay $5k in return for the Indian employer incase I leave the company upon my H1-B approval. 

I heard from my friend that, it is illegal for the employer to ask an employee to sign on such agreement as because, employees are given a chance in USA to leave an organization if they are not willing to continue to work. Please let me know what are my options.

PS: I was asked to pay the RFE fees for the Attorney and I worked with the consulting firm for 1 full year.

Thank you!

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  • 1 month later...

Hi @JoeF, After I checked your response, I emailed my employer. I thought it would not be nice if I directly go to an attorney without acknowledging them. After I emailed them, I thought I will hear back from them about the legality part of what I signed. I mentioned to my employer that, if that is legal, I will pay the amount because I do not want to violate any laws. Instead, replying to my email, they sent me a lawyer notice. I'm repenting now. I should have just listened to you guys. However, thanks for taking the time to reply to my questions. I will try to keep this post updated based on what I hear from Bar Associates. Have a great weekend !

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