Agreement with company for H1B

[AR123]

Hi,

My company is willing to sponsor for my H1B but in return, they make me sign an agreement stating that I work for the company for a year else I pay 4k$ (approx) to them. They make me sign a written agreement, although I hear this is illegal. Secondly, am not too satisfied with the nature of work or company policies and would like to move as quickly as possible. I am unsure whether remaining in OPT for another year will be better than applying for a H1B now and having to enter the agreement with my company. Is it easier to get hhired if you have an H1B? Also, if the H1B is in progress, and I happen to get another job, can I switch companies?

Thanks!

[JoeF]

Do not sign such an agreement. Find another employer, one who doesn't break the laws.

[rahul412]

My company is willing to sponsor for my H1B but in return, they make me sign an agreement stating that I work for the company for a year else I pay 4k$ (approx) to them. They make me sign a written agreement, although I hear this is illegal.

That's legal, it's just like ensuring them that you will work for that company for some time.

Secondly, am not too satisfied with the nature of work or company policies and would like to move as quickly as possible. I am unsure whether remaining in OPT for another year will be better than applying for a H1B now and having to enter the agreement with my company.

If I were you I would be in OPT since in OPT you can switch employer very easily and less paperwork is involved in it.

[t75]

They can require you sign a contract before employing you. Whether the contract is enforceable is a matter for an attorney in that jurisdiction to determine.

[wiweq]

"They can require you sign a contract before employing you."

=> I studied in Business Law that an illegal contract cannot be called as a contract.

OP should report this illegal activity to ICE and DOL.

For contact details visit: www.ice.gov

[rahul412]

"They can require you sign a contract before employing you."

=> I studied in Business Law that an illegal contract cannot be called as a contract.

OP should report this illegal activity to ICE and DOL.

For contact details visit: www.ice.gov

So you mean to say that, any agreement which states that employee has to work for that employer for certain period of time is illegal??

[JoeF]

So you mean to say that, any agreement which states that employee has to work for that employer for certain period of time is illegal??

Well, a one-sided contract, where an employer can fire you at any time, but you can not quit, it most likely not enforceable. An I have yet to see a contract where the employer guaranteed not to lay you off for a year, and otherwise would pay you some high amount of money.

Even non-competes have to be reasonable. If a non-compete agreement essentially prevents you from working in your industry for a significant amount of time, therefore resulting in you being unemployed, the company has to compensate you appropriately.

In short, the employee has rights in this country.

[rahul412]

Well, a one-sided contract, where an employer can fire you at any time, but you can not quit, it most likely not enforceable. An I have yet to see a contract where the employer guaranteed not to lay you off for a year, and otherwise would pay you some high amount of money.

Even non-competes have to be reasonable. If a non-compete agreement essentially prevents you from working in your industry for a significant amount of time, therefore resulting in you being unemployed, the company has to compensate you appropriately.

In short, the employee has rights in this country.

I have seen lot of cases like these, so all those companies are doing against law??

[AR123]

Thanks, all of you, for taking time to reply. I decided to go ahead with the H1 because there was little time for me to decide, and the popular view that it would be easier to switch jobs with a H1. Hopefully, in a couple of months, I would be able to find a better job! :)

[JoeF]

I have seen lot of cases like these, so all those companies are doing against law??

Some companies may get away with it because the employee doesn't know his rights...

I can tell you that Americans working in the IT industry know this stuff.

[omshiv]

Thanks, all of you, for taking time to reply. I decided to go ahead with the H1 because there was little time for me to decide, and the popular view that it would be easier to switch jobs with a H1. Hopefully, in a couple of months, I would be able to find a better job! :)

couple of months? what about the contract then? you are willing to pay $4k?

[wiweq]

couple of months? what about the contract then? you are willing to pay $4k?

=> Most likely that is an illegal contract. No worries.

As Joef suggested one-sided contract has no meaning. This incident should be reported to ICE, DOL by OP.