On H1b---H1b Processing Fee Payback,pto and Crowdfunding

[ayushmaansen]

Hi,

I have 3 different questions all related to my H1B status to ask here. I would really appreciate ad consider myself fortunate if I receive answers to any of these questions. Thanks ahead of time!

1) I have been working with my current company A which holds my H1B (as a consultant for their client Company B) for a year now. I am planning to quit my current job and leave the company by February 2013. Now my company made me sign an H1B payback agreement wherein if I leave the company voluntarily or involuntarily within the first 18 months of my employment with them, I will need to pay back my H1B processing fee (roughly $1,230) and the relocation reimbursement costs (roughly $1000). I have hardly heard of this kind of payback before but would like to know the legality of this being reinforced should I leave the company in less than 18 months of my employment?

2) I will be carrying forward my 1 week of PTO in the next year that is 2013. Now let's say if the company does ask me to payback the H1b processing fee plus relocation reimbursement as stated above, then in that case, I can also ask the company to pay me a check of my 1 week PTO pay, correct? Are they legally bound to give an employee the PTO pay or they can just deny giving me that?

3) On H1B status, can I invest in crowdfunding websites and earn profit legally, just like the stock market?

4) My company A has also made me sign an agreement wherein they have stated that I cannot work for any of their clients after leaving the company in any manner. I am planning to gain employment with one of their clients in March 2013. Now my question is-Am I legally bound to let my company A when I quit that which new company am I joining?

Any responses to the above questions will be greatly appreciated!

Regards,
Ayushmaan

[kabkaba]

Hi,

I have 3 different questions all related to my H1B status to ask here. I would really appreciate ad consider myself fortunate if I receive answers to any of these questions. Thanks ahead of time!

1) I have been working with my current company A which holds my H1B (as a consultant for their client Company B) for a year now. I am planning to quit my current job and leave the company by February 2013. Now my company made me sign an H1B payback agreement wherein if I leave the company voluntarily or involuntarily within the first 18 months of my employment with them, I will need to pay back my H1B processing fee (roughly $1,230) and the relocation reimbursement costs (roughly $1000). I have hardly heard of this kind of payback before but would like to know the legality of this being reinforced should I leave the company in less than 18 months of my employment?

-- Such agreements are binding in most states. However, H1B filing fees must be paid by the employer by law and an agreement that violates a law may become void. Only an experienced lawyer may be able to answer for certain.

2) I will be carrying forward my 1 week of PTO in the next year that is 2013. Now let's say if the company does ask me to payback the H1b processing fee plus relocation reimbursement as stated above, then in that case, I can also ask the company to pay me a check of my 1 week PTO pay, correct? Are they legally bound to give an employee the PTO pay or they can just deny giving me that?

-- AFAIK PTO/Vacation is employer's policy, there is no law that makes them pay. If they pay other employees for the unused PTO and don't pay you, you may be able to sue them, but again an experienced lawyer may answer.

3) On H1B status, can I invest in crowdfunding websites and earn profit legally, just like the stock market?
-- You can do all sorts for passive investment. You cannot perform any work for the company you invest in.

4) My company A has also made me sign an agreement wherein they have stated that I cannot work for any of their clients after leaving the company in any manner. I am planning to gain employment with one of their clients in March 2013. Now my question is-Am I legally bound to let my company A when I quit that which new company am I joining?

-- Such agreements are totally binding in all states except CA. The employer has grounds to sue you or seek retribution for violation of agreement.

Any responses to the above questions will be greatly appreciated!

Regards,
Ayushmaan

See above.