H1B Offer: Clarification

[Jith]

Hi,

 

I am in India and one consultancy is processing H1B for me. Right now its in RFE state and consultancy send me an offer letter to sign and submit. It has following clause in it. 

 

"If you fail to join immediately after you gets eligibility to work on H1b, XYZ company will incur financial damages in additional to losing credibility with client on providing required services. So, XYZ company will claim the liquidated damages for the expenses incurred in processing your H1B in the event you fail to join the XYZ company immediately."

 

Because of my family issues I may not be able to join immediately once 'IF' I gets visa. In that situation is this will be a valid issue to file a case against me in USA? Is this will be a problem for me to process any more visas to US?

 

Thanks

Jith

[itsmeusa]

This "immediately" is highly subjective, you could talk to your employer regarding your joining date and accordingly schedule an interview. The reason this clause is put to restrict you taking advantage and definitely they can come after you for damages as filing H1b petition + getting H1b visa stamp is very costly these days.

[jairichi]

Do not sign that offer letter if you are not happy with it. Find a better employer next year.

[JoeF]

That company is shady. Stay away from them. No reputable company would have such a clause in an offer letter.

[rahul412]

H1 fee is not a financial damage for that company. Since this is a consulting firm, I suggest you to find another employer. This one might create more trouble to you in future if you join them.

[wiweq]

Stay away from these crooks. If you join these firms you will lose your hard earned money instead of earning those.

They will ask you to fly to client locations on your own expenses, force you for resume fraud, force you to pay them employer taxes while you are on bench, paying for H1bb filing fees if resign early, paying you delayed salary etc. 

Better to find a better employer.