Contract agreement with employer

[ashmaini]

Hi,

I am on H1B visa with a company A, who sponsered my visa application. I have an agreement with my employer that I would be working with them for 1 year, or else I will have to pay them the expenses they have incurred on me and my visa. But they didn't pay me a salary for initial 4 months till the time I got a project. After that I got a short term project and now again on bench. Now I have got an offer from another company B. So, company A wants me to pay them $10000 for breaking the contract after 7 months. But since they didn't pay me for initial 4 months, can I ask them to adjust this amount from that pending salary? They were obviously doing the illegal activity by not paying me on H1. What would be the situation for me if they go to court? Aren't they going to loose the case since they didn't pay me for 4 months?

Please help and guide...
Thanks in advance

[txh1b]

First of all, being on bench without pay is illegal and you would have many problems due to that. Complain against the employer on a WH4 form.

Secondly, the neufield memo provides people in your situation some hope if you complain against the employer for not paying you and transfer the H1b. Search for it on the forum and read it.

The contract money etc is just scare tactics. Complaining to DOL will make your employer **** in his pants.

[ashmaini]

Thanks for the information. But my employer i.e. company A is going to pay me on bench now, although they didn't pay me for the initial 4 months. So, my status is currently not going to be affected, although it was in the initial 4 months period. Please guide on these lines.

[txh1b]

The past out of period does not vanish into thin air though. It will come up during visa stamping, W2, Green Card etc.

It is people like you that allow exploitation and then come out crying loud. Face it and pay the 10k then.

For your info, bench pay and contract are two separate unrelated issues. One falls under immigration/labor law and other under contract law. You have to deal with them separately.