H1B Agreement

[imsmsbhai]

Hello Experts,

 

Below is the situation of my friend:

 

He was on L1 in US. He got a job via a consultancy firm where he signed a document:

• Employment start date is 1st Oct 2013 post H1B approval
• Employee agrees to provide services for at least 2 years from the start date or will pay $25,000 to "employer" as liquidated damages for early termination to compensate the cost of the training, time, green card process, expenses, lost commission, etc.

However for some personal reason he had to comeback India and never joined that consulting firm. Now the firm is asking for money since he didn't join. He is saying he will sue.

 

Questions:

1. Can he sue ?
2. Can my friend apply for H1 from his current employer
3. Will this be a problem if he travels on any other visa like L or J or may be H ?

Thanks,

[jairichi]

1. Yes.

2. Yes.

3. Talk to a good attorney.

[rahul412]

No need to pay that amount if you have not worked for that shady employer, consult an attorney for more options.

[imsmsbhai]

Thanks @jairichi @rahul412

 

Since you both are senior folks and give good advice, please help on which route to take,

[rahul412]

Without looking at that agreement no one can help you. So an exp attorney is the best option you have.