H1B employer issue

[stunnerz]

I joined employer A in Jan 07 on OPT and got H1B from Oct 07. I got into a project in June 07 and worked until april 08. Then got my H1 transfered to company B with out letting employer A know. Now employer A got to know about this and is not paying a expense check due from april 08.
can anything be done on this to get the expenses check?
Employer A tells that since I signed a 12 month contract with him and said if I leave before completing it I need to pay $15000 as fine or I have to forget the $3000 check. I worked with him for 9 months, can anything be done on this? is that contract really valid?
He did not pay me on bench as well. If I go to labour court will there be any issue on my status? how much does an attorney charge to get into this.

Thanks for your help in advance.

[C4us]

Have an employment law attorney read over your contracts. It is unlikely that the $15,000 payment is a valid number; there may be some small damages.

Complain to DOL or sue him in small claims court for your expenses. The attorney can advise you the best/fastest way to get your money.

Consultation - a couple of hundred dollars depending on where you are. The firm handling your papers for your new employer may have an attorney on staff to advise you.

[stunnerz]

thank you...
but are these contracts really valid? isn't it like bonded labour?
Thanks agan for your replies.

[stunnerz]

I started with company A in Jan 07, but the contract says I have to stay with them for 12 billable months, I worked for different cliets for 9 months and then quit the company in April. So is it legal to say that I am breaking the contract now? because I believe DOL doesnot differentiate between billable or non billable months? right? I was on OPT in Jan 07 and got my H1 in Oct 07 and quit the company in Apr 08. Please read below:

I joined employer A in Jan 07 on OPT and got H1B from Oct 07. I got into a project in June 07 and worked until april 08. Then got my H1 transfered to company B with out letting employer A know. Now employer A got to know about this and is not paying a expense check due from april 08.
can anything be done on this to get the expenses check?
Employer A tells that since I signed a 12 month contract with him and said if I leave before completing it I need to pay $15000 as fine or I have to forget the $3000 check. I worked with him for 9 months, can anything be done on this? is that contract really valid?
He did not pay me on bench as well. If I go to labour court will there be any issue on my status? how much does an attorney charge to get into this.

Thanks for your help in advance.

[txh1b]

Contract is separate from wages. If the employer wants to pursue contract damages, he CANNOT withhold any H1b wages. if done so, you can complain to DOL on a WH4 form. Save all proof like approved time cards, emails etc to prove that you did actually work during the period that the employer is refusing to pay. Contract and bonded labor are not the same.

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