H1B: Employment issues.


krunal.patil

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Hi Folks,

 

I have H1B approved (in Oct'15 till Sept' 16) from a desi consultancy company (~25 employees). Before that I was on L1B with some other employer. During that process, I have shown interest to stay with them for long term. 

 

Now, I have got one full-time offer and planning to switch. I have submitted my resignation. After getting resignation they have hold my salary and told that they will release that if I stay with them or I pay him $10,000 USD. They have paid for my H1B extension and there is a very big loss as I am leaving them hence they are considering it as liquidated damages and asking to pay.

 

I do not have any agreement and no other document was ever signed. The "long term" was never defined and looks like that is why it is mis-understood. My impression of "Long term" means IF THERE IS a STABLE PROJECT (2-3 yrs) and  not suddenly leaving immediately after H1B is approved in Oct'15. But their understanding might be at-least 1 to 2 yrs regardless of anything.

 

He is saying he don't want to go legal way (may be threatening technique?) and asking me to settle it by giving $10,000 and close this topic.

 

I read on internet that I can file a complain against him and get my salary back. However, I am afraid that I should not end up spending more than $10,000 on the lawyer fees and all.

 

How do you suggest to handle this situation? If I should file the complain, please let me know the procedure? What are the chances that he can legally point the gun back to me?

 

Guys, please help.!

 

-- GKP

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