Bond for H1b filing, is it legal


ashising

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I joined a US compnany 'A', who filed my H1b transfer and started working for them from January 2013 onwards. 

They also made me sign a bond that, if i leave them within 1 year, I would need to pay them certain amount.

 

They placed me at the client site and I started working over there. But over the time, I relealised that

 

1) I was not doing the work realted to my speciality occupation for which my H1b transfer was granted by USCIS

It was all cooridation work thats not at all techincal.

 

2) We were made to work for more then 11 hours daily and sometime whole night as well. Working on weekends was like a culture at client site. and we were suppoed to notify that we are not available on any weekend.

Even for daily work if we leave at 6pm, we were supposed to drop Leaving Early today emails.

 

3) Even after working for more than 60 hours every week, we were not allowed to fill Timesheet's for more then 40 hours a week.

 

I discussed the matter with employer many time, but everytime they showed their inability and asked us to talk to Manager at client site.

And keep promising to wait for a month and another and so on.

 

All this resulted in immense mental pressure, disturbed work-life balanace and was pushing me away from my techincal expertise.

 

It was above mentioned reason thats I decided to switch the job.

 

So i started looking for the job and got an offer from Company B and joined them after resigning from company A.

 

Now company A has hold back my salary for the month along with my leave encashment. 

At same time, they are asking for recovery of expense like

 

1) Airfare they born to fly me to USA

2) Medical Insurance premium

3) Hotel Accomodation they provided me for initial 15 days.

 

 

Now my question are's

 

1) Is the recovery mentioned above legal.

2) Can they holdback my salary against the recovery amount.

3) Company A has not issued me the releiving/expereience letter. Is it legal.

4) Can company A create troubles with my future green card processing

 

 

Thanks for your help.

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Now my question are's
 
1) Is the recovery mentioned above legal.
2) Can they holdback my salary against the recovery amount.
3) Company A has not issued me the releiving/expereience letter. Is it legal.
4) Can company A create troubles with my future green card processing
 
 
 

 

Simple, you have a GENUINE reason for switching the job. I would say contact some good attorney for some advice.

Holding the salary is not legal, and you can fight against that. Moreover, you can file a complaint stating that they cheated USCIS.

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