H1B employer legal action against employee

[sanm1234]

Hi,

 

Company A filed my H1B on April 2013 and got approved for FY2014, after few days company B filed H1B and got the approval for FY2014. I informed company B on Dec13 2013 that im working with company B. But company A is saying that they will send legal notice to me. I am living in Texas and both companies are texas base. Can company A charge me liquidation charges? Please help.

 

Thanks,

-Kishore

[jairichi]

Hi,

 

Company A filed my H1B on April 2013 and got approved for FY2014, after few days company B filed H1B and got the approval for FY2014. I informed company B on Dec13 2013 that im working with company B. But company A is saying that they will send legal notice to me. I am living in Texas and both companies are texas base. Can company A charge me liquidation charges? Please help.

 

Thanks,

-Kishore

Check your contract and if you find any clause pertaining to monetary compensations if you leave employer have a consultation with a labor attorney.

[sanm1234]

Thank you Jairichi. It does not have any specific amount it had expenses will recovered through attorney.

[jairichi]

Thank you Jairichi. It does not have any specific amount it had expenses will recovered through attorney.

Well, I believe you are good. But, show your contract to a good labor attorney and get an opinion.

[t75]

Depending on what you signed, you may be liable for damages incurred by the employer because you failed to appear.

[sanm1234]

Thanks a lot. I did not work for Company A. Company A said that they are going to send me legal notice i sent them any email that i am going to resign.  Company A did not pay me any salary.

 

Will the Employment agreement be effective only if i worked with them or will it be effective from the date signed.

[sanm1234]

Employer A is saying he will report to uscis. Do i have responsibility to give him in writing to him that i m not working with him.

[JoeF]

Employer A is saying he will report to uscis. Do i have responsibility to give him in writing to him that i m not working with him.

By law, an employer has to inform USCIS if the person on H1 does no longer work for the employer.

So, this is a routine thing. Nothing to be afraid of, nothing you have to care about.