sushantrao Posted October 13, 2013 Report Posted October 13, 2013 My employer made me sign a contract before traveling to the United states on H1-B visa. The contract mandates me to return to India & stay for a period of 6 months, in the event I switch employers in the US. Breach of contract requires me to pay a huge amount, which I do not desire to. What options do I have, if I have to switch between employers in the US, because H1-B does permit a beneficiary to change employers in the US; but this contract prohibits me to do so.
JoeF Posted October 14, 2013 Report Posted October 14, 2013 Why in the world did you even start with such an employer???
t75 Posted October 14, 2013 Report Posted October 14, 2013 If you did not like the terms of the contract, you should not have signed it. You wanted to come to the US and this was the opportunity you had at the time. Honest people abide by the obligations that they willingly enter into. Next time, be an honorable person and do not sign a contract you do not intend to keep. See an attorney in India.
JoeF Posted October 14, 2013 Report Posted October 14, 2013 In addition, nobody "made" you sign the contract. You signed the contract out of your own free will. You could (and should) have decided to find another employer. Once you sign a contract, you are held to the contract.
pontevecchio Posted October 14, 2013 Report Posted October 14, 2013 Go home first and resign from this employer. Find another H1 sponsor in the meanwhile and have them file the H1 petition. The problem could be that the Company can hinder your chances of getting a good job back home. Immigration is never a guarantee. The Big 5 usually do this to prevent people from using them as a crutch and then joining the DCC's for personal but misguided gain.
sushantrao Posted October 15, 2013 Author Report Posted October 15, 2013 There was no other option at that time. The overseas opportunity was given to me, but came at the price of signing the contract.
JoeF Posted October 15, 2013 Report Posted October 15, 2013 There was no other option at that time. The overseas opportunity was given to me, but came at the price of signing the contract. Huh??? You had the option of not taking that "opportunity", in particular since it wasn't an opportunity at all. You signed the contract in your own free will. If you got blinded by the letters U, S and A, it is your OWN fault. THINK before signing. You signed the contract in your own free will.
omshiv Posted October 15, 2013 Report Posted October 15, 2013 Then why change your mind now..just stick with your current employer. Grass is always greener on the other side.
rahul412 Posted October 15, 2013 Report Posted October 15, 2013 There was no other option at that time. The overseas opportunity was given to me, but came at the price of signing the contract. In other words, you paid for this opportunity you didn't get it. Better consult an attorney before you change the employer.
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