Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Can employer ask for H1B liquidated damages in my scenario?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can employer ask for H1B liquidated damages in my scenario?

    Hello Team,

    I came to US on H1B. I have a one year contract ($15000) with my employer if I leave before that. But due to the following I have planned to leave him:
    1. When I came to U.S., he asked me to search for a project and said that salary will only start if I get a project. He said that I won’t work with the client mentioned in LCA.
    2. I came to U.S. on 22nd December and got a project till 16 January. He gave me first salary on 15th Feb but the paystub was dated 16th to 31st Jan (so I’m not sure which period salary I should consider that as to me I got salary late irrespective of the paystub date).
    3. Now, I’m getting salary semi-monthly regurlarly but once I’m not on project gain he will stop salary till I get different client/project.
    4. The above points are nowhere in written.

    Now, if I leave them and go for H1B transfer, can they file a legal case against me as I have signed the contract?

    If they file a legal case, what should be my next step?

    Thanks.

  • #2
    Originally posted by Dipti Sharma View Post
    Hello Team,

    I came to US on H1B. I have a one year contract ($15000) with my employer if I leave before that. But due to the following I have planned to leave him:
    1. When I came to U.S., he asked me to search for a project and said that salary will only start if I get a project. He said that I won’t work with the client mentioned in LCA.
    2. I came to U.S. on 22nd December and got a project till 16 January. He gave me first salary on 15th Feb but the paystub was dated 16th to 31st Jan (so I’m not sure which period salary I should consider that as to me I got salary late irrespective of the paystub date).
    3. Now, I’m getting salary semi-monthly regurlarly but once I’m not on project gain he will stop salary till I get different client/project.
    4. The above points are nowhere in written.

    Now, if I leave them and go for H1B transfer, can they file a legal case against me as I have signed the contract?

    If they file a legal case, what should be my next step?

    Thanks.
    What the employer is doing is illegal. You can complain to DOL about them and their unfair practices.

    This is my opinion not legal advice.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X