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Liquidated Damages for not joning after H1B selection

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  • Liquidated Damages for not joning after H1B selection

    Hi All,

    I have applied for H1B from 2 sponsors. Both petition got approved. I will go with company X.
    But company Y, has liquidity damage clause in there offer letter what I have signed.

    Employee agrees to pay $10,000.00 in liquidated damages to the Company in the event of early termination of this Agreement by the Employee, through no fault of Employer if Employee
    terminates this Agreement before the end 365 days from the first day of employment. .


    Questions:
    1. As I am not joining them, not even going with their petition. Can they make any trouble in future?
    2. I have checked the clause first day of employment refers to the date when employee signs I-9 form. Is my understanding valid?

  • #2
    Your understanding is probably right. If you want to be certain, you should consult an attorney. This isn't an immigration issue to advise on the forum. You should take a copy of what you have signed and consult an attorney.

    Originally posted by sweggy View Post
    Hi All,

    I have applied for H1B from 2 sponsors. Both petition got approved. I will go with company X.
    But company Y, has liquidity damage clause in there offer letter what I have signed.

    Employee agrees to pay $10,000.00 in liquidated damages to the Company in the event of early termination of this Agreement by the Employee, through no fault of Employer if Employee
    terminates this Agreement before the end 365 days from the first day of employment. .


    Questions:
    1. As I am not joining them, not even going with their petition. Can they make any trouble in future?
    2. I have checked the clause first day of employment refers to the date when employee signs I-9 form. Is my understanding valid?
    Not a legal advice. Use of this information is strictly at your own risk.

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