H1b Employment agreement

[mr.kalim]

Hello Experts,
I am currently working in India for company XYZ ltd. I have applied my H1b in the year 2014 through Company A and got visa in Jan 2015.Because of some personal issue i didn’t leave for USA. Now i have resigned to my Indian company XYZ ltd and will leave within 15 days.

I have got one more offer from Company B. They will initiate the transfer of H1b while i am in india. They are asking to sign an agreement of 2 years.
Company A is having agreement of 3 years.

I have below queries.
- Agreement is legal in USA? Can they sue me in court? 3 year agreement is too long. As per there agreement I have to pay 500$ per month that is short for 3 years.
- If I am giving them notice of 2 weeks. Can they still sue me?
- If I will join there direct or indirect client. Can they sue me?
- If i sign agreement with Company B and initiate the transfer but don't join them and join Company A? what about agreement? they can sue me ?

Note: I have never travelled to USA.

Thanks in advance.

[shervin143]

The question that you have asked are totally irrelevant to immigration. This totally depends on what you have signed with the employer. A forum member cannot advise you on this. It depends on what hidden clause are there in the document that you signed. Employment bonds are purely illegal in U.S. I would advise that you consult a good labor attorney.

[mr.kalim]

The question that you have asked are totally irrelevant to immigration. This totally depends on what you have signed with the employer. A forum member cannot advise you on this. It depends on what hidden clause are there in the document that you signed. Employment bonds are purely illegal in U.S. I would advise that you consult a good labor attorney.

Thanks for your reply. I just want to know if they can sue employee and collect amount more than they have invested?

[samlynn]

Agreement

Short answer, Yes they can sue you. They are spending a lot of money to process forms and hire attorneys to bring you here to work for them. If you sign this agreement and do not fulfill it then they can and prob will take you to court and it will be up to a judge or jury how much you are responsible to pay. They will have attorneys on their side that will have experience in this.