please advice, employer forcing me to sign contract before leaving

[pragashu]

Hi
A friend of mine is really in big trouble. please advice what would be best to do . here is his situation.

 

He came to US on 15th of Feb. till now his employer was not able to get any project for him. he is kind of on bench. he is not getting paid too.

now he has got full time offer from other company, who are ready to do H1 transfer. now when my friend asking his current employer to provide pay & pay stub, he started threatening him. that he will cancel visa and so on.

 

finally he agreed to provide pay and pay stub but he has asked to sign some agreement which would be kind of paying him back ~$30,000.

 

at this point of time my friend can not take any legal action as it might impact his job here.

 

please advice, if employer force to sign some document, do we have to pay that amount back to him ?

[pontevecchio]

You/Your friend have no idea how much the rule of law and not blaming a victim is the norm here. First he/You have to consult an Immigration Lawyer and a Labor Lawyer in that state and then file a complaint with the federal dol. You/Your friend have no job at the moment. Even if you paid him for anything, you retain the right to complain.

[jairichi]

Ask your friend not to sign any document and file a complaint against employer with DOL for not paying salary. This will get all his salary dues and will also help to move to new employer.

[rahul412]

Your friend can take action against that FRAUD employer for many reasons.File a complaint against that employer by filling form "WH4".

 

Without a complaint you cannot file for H1 transfer.

[JoeF]

Your friend needs to file a complaint with DOL on form WH4. And he should not sign this agreement.

Once a WH4 is filed, he can find another employer and transfer the H1.

[ashuneel]

File complaint on form WH4.  new H-1 can be filed if you have filed complaint.

Do not sign anything.

[wiweq]

Ask you friend to do all conversation on email, and file WH4 immediately. 

Once WH4 filed, have the USPS/mail receipt. WH4 receipt take some time 3-4 weeks. Ask your new employer to file H1b with CP. Once H1b is approved with CP he should have WH4 receipt and decision as well. Have the wh4 receipts and other WH4 documents and prepare for CP H1b stamping. You don't report your fraud employer, you are partner in crime.