New company & First time H1

[AmitGupta_H1]

Hi,

I have a joined a company in India based on their offer to give me onsite opportunity. They have filed my H1 as well and I am through the lottery now. At the time of H1, they didn't make any discussion about the compensation they are going to give ( there are other guys along with me , they have opt for filing H1) us. The compensation though the declared is very less and not acceptable to me (less than $60k). Now, they also want me to sign a bond with clause:
Either 3 years ( the full time of H1) or 6 Lac INR, need to be paid if the bond is broken during 3 years.

There are other compensation related issues like (travel of family and medical etc). Which holds weight-age for me as I have family behind.

I still to have a discussion with the higher management of the company in next few days and there they will decide. If they don't extend there offer, then I have to reject their offer and let them revoke H1. What are they penalties they an enforce on me? I believe I have a risk of losing my job in INDIA.

Please, someone guide me,.,.

Thanks & Regards
Amit

[raghvi]

Hi,

I have a joined a company in India based on their offer to give me onsite opportunity. They have filed my H1 as well and I am through the lottery now. At the time of H1, they didn't make any discussion about the compensation they are going to give ( there are other guys along with me , they have opt for filing H1) us. The compensation though the declared is very less and not acceptable to me (less than $60k). Now, they also want me to sign a bond with clause:
Either 3 years ( the full time of H1) or 6 Lac INR, need to be paid if the bond is broken during 3 years.

There are other compensation related issues like (travel of family and medical etc). Which holds weight-age for me as I have family behind.

I still to have a discussion with the higher management of the company in next few days and there they will decide. If they don't extend there offer, then I have to reject their offer and let them revoke H1. What are they penalties they an enforce on me? I believe I have a risk of losing my job in INDIA.

Please, someone guide me,.,.

Thanks & Regards
Amit

Honestly speaking this is an HR issue not an immigration one as you are still not on American soil.

If you havent signed any bond then the max they can enforce is the notice period (if you resign), would not advise that till you get H1 approval notice in hand.

If they sack you then they may pay you the notice period and ask you to leave (depends upon the offer letter that they have given and HR policy of the company). But I doubt they will ask you to resign or sack you as they have already invested in getting an H1 visa for you and since you were lucky to get through the lottery you become even more prized for them.

The good thing is that you are cap counted now so can transfer the H1 to another employer. I would say play this smartly.

Firstly refrain from signing the bond. Tell the company that you will go to US only if the bond is not there. Once you get a successful H1 stamping and reach in US you can use the H1 approval notice to transfer H1 to another company where you feel you will be getting compensated adequately.

And if you feel the US compensation is low then dont travel but try to get the H1 receipt number/approval notice. Once you get that you can try doing a transfer in your home country itself to another employer.

This is my opinion not legal advice.

[AmitGupta_H1]

Honestly speaking this is an HR issue not an immigration one as you are still not on American soil.

If you havent signed any bond then the max they can enforce is the notice period (if you resign), would not advise that till you get H1 approval notice in hand.

If they sack you then they may pay you the notice period and ask you to leave (depends upon the offer letter that they have given and HR policy of the company). But I doubt they will ask you to resign or sack you as they have already invested in getting an H1 visa for you and since you were lucky to get through the lottery you become even more prized for them.

The good thing is that you are cap counted now so can transfer the H1 to another employer. I would say play this smartly.

Firstly refrain from signing the bond. Tell the company that you will go to US only if the bond is not there. Once you get a successful H1 stamping and reach in US you can use the H1 approval notice to transfer H1 to another company where you feel you will be getting compensated adequately.

And if you feel the US compensation is low then dont travel but try to get the H1 receipt number/approval notice. Once you get that you can try doing a transfer in your home country itself to another employer.

This is my opinion not legal advice.

Thanks,

I really appreciate your opinion. Let me add one more thing, I am in US itself on B1-B2 right now from the same company. I came here the first week I joined. Thus, I felt that it more an immigration issue because I want to be aware of, how can I deal with this situation being out of home country soil. They did file H1 before I reach here. Company arranged my stay, return tickets. Would this situation would add any any potential risk or difficulties in following what you mentioned? From some sources I came to know that they have got I 797 - C form and may ask me to receive it from there US office in next few days. I guess it carries the receipt no. for the H1 B (WAC no.) filing.

They have provided me the LCA documents and in return have my sign on LCA receipt. Can they use it to force me visit US on H1 on the mentioned wages on LCA? ( After they they agree to pay me more and give me updated appointment but later they can turn from their promise and follow what they have in LCA)

They already have my sign for the 45 days notice period (that was done at the time of joining/ before appointment). Once while during our talks they even mentioned the chances, of changing my status from B1 to H1 (once approved), without getting back to India. Is it possible? How would I get my passport stamp if this is done? How would I know the changed status?

Someone, Please guide me!

[AmitGupta_H1]

Honestly speaking this is an HR issue not an immigration one as you are still not on American soil.

If you havent signed any bond then the max they can enforce is the notice period (if you resign), would not advise that till you get H1 approval notice in hand.

If they sack you then they may pay you the notice period and ask you to leave (depends upon the offer letter that they have given and HR policy of the company). But I doubt they will ask you to resign or sack you as they have already invested in getting an H1 visa for you and since you were lucky to get through the lottery you become even more prized for them.

The good thing is that you are cap counted now so can transfer the H1 to another employer. I would say play this smartly.

Firstly refrain from signing the bond. Tell the company that you will go to US only if the bond is not there. Once you get a successful H1 stamping and reach in US you can use the H1 approval notice to transfer H1 to another company where you feel you will be getting compensated adequately.

And if you feel the US compensation is low then dont travel but try to get the H1 receipt number/approval notice. Once you get that you can try doing a transfer in your home country itself to another employer.

This is my opinion not legal advice.

Please suggest over my previous query....