Is Employer contract is legal in US

[KUM1910]

Hi,

I've recently moved US via h1b through a consultancy. They have forced me to sign the agreement(scanned document) after I came to US, which they have not informed me earlier where I need to stay for 24 months or pay $25000 as contract breakage fee... I've tried to restrain from signing for about a month, but they told they will revoke my visa and I signed as I had to start working. They did not sponsor for my h1b and did not provide any employee benefits such as insurance, accommodation etc..  I got stuck with this employer, since they don't even provide Insurance(even though they mentioned in their offer letter).

It seems like they don't care about employee and even they don't even reply to mails when I ask for insurance etc.. 

Can I switch to other employer(with one month paystub) by breaking the contract without paying any damages or compensation?? Will they sue me if I break contract? Will they provide experience letter?

Please let me know what I can do!!!!! Thanks in advance.

[krrishreddy]

No you are not liable to any contracts. that contract is of no use;its just to keep you under their control(which they cant)

[JoeF]

A company can not ask for a penalty of you leave before an heads-up date.

20 CFR655.731 (https://www.law.cornell.edu/cfr/text/20/655.731):

"(10) A deduction from or reduction in the payment of the required wage is not authorized (and is therefore prohibited) for the following purposes (i.e., paragraphs (c)(10) (i) and (ii)):

(i) A penalty paid by the H-1B nonimmigrant for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer.

(A) The employer is not permitted to require (directly or indirectly) that the nonimmigrant pay a penalty for ceasing employment with the employer prior to an agreed date. Therefore, the employer shall not make any deduction from or reduction in the payment of the required wage to collect such a penalty."

Also, they have to pay you even if you don't have a project.

If they don't do that file a complaint with DOL on form WH4.

[KUM1910]

Thanks @JoeF for the reply. Can I get the experience letter from employer even if I terminate the job within the contract time? Can we report to DOL if they dont provide experience letter?