Liquidation damage- Should I pay?

[asha2020]

I am leaving H1b employer (going for H1b transfer)as he can not give me full time work and salary according to LCA for past 3 months.

 

I can not pay $12000+ liquidation damage as signed in the agreement. My employer is 100% responsible for my decision by not giving me work and salary.

 

What should I do?

How much I should pay if required?

How it will be decided and what steps I need to take if my employer is forcing me to pay?

 

 

[jairichi]

I am leaving H1b employer (going for H1b transfer)as he can not give me full time work and salary according to LCA for past 3 months.

 

I can not pay $12000+ liquidation damage as signed in the agreement. My employer is 100% responsible for my decision by not giving me work and salary.

 

What should I do?

How much I should pay if required?

How it will be decided and what steps I need to take if my employer is forcing me to pay?

1. File a complaint with DOL immediately as you are out of status if not paid your salary as per LCA.

2. You pay zero dollars.

3. Filing a complaint will make sure that employer pays your salary and for a smooth transfer a new employer.

 

Talk to a good immigration attorney.

[t75]

See an attorney for a review of your contract documents.  If you have no obligation to him, file with DOL and the attorney can write a letter.

[JoeF]

With a contract, both sides have to follow it. If you didn't get paid properly, it would probably be possible to argue that the employer broke the contract, so you are not bound by it anymore.

But don't take my word for it (I'm just somebody anonymous posting on an Internet forum), see a good immigration lawyer and a good labor lawyer.

[t75]

OP,  I hope you and other will learn to have any contract you are asked to sign read by an attorney and explained to you BEFORE signing.