H1B Bond with Employer - Petition Approved Status

[Mjay]

Hi

I have my H1B petition approved in Aug 2014 and have a bond signed in Indian Stamp Paper for 2 years starting from Feb 2014 to Feb 2016. Though it was approved they had not sent for stamping as they don't have projects. Now another company approached me for joining them so that they can file a new petition for me to travel to US.

Is that bond valid as they have not stamped nor have they any intention to stamp it for me?

Please advice.

MJay

[raghvi]

Hi

I have my H1B petition approved in Aug 2014 and have a bond signed in Indian Stamp Paper for 2 years starting from Feb 2014 to Feb 2016. Though it was approved they had not sent for stamping as they don't have projects. Now another company approached me for joining them so that they can file a new petition for me to travel to US.

Is that bond valid as they have not stamped nor have they any intention to stamp it for me?

Please advice.

MJay

It depends upon what is written in the agreement. If you leave without informing them worst case they hold back your final settlement/PF/experience certificates which will be difficult to get without going to courts Evaluate your risks an act accordingly.

This is my opinion not legal advice.

[shervin143]

Employment bonds are straight illegal. Did you ever work for that employer? I mean, is this your current employer who filed this H1B petition on your behalf?

[raghvi]

Employment bonds are straight illegal. Did you ever work for that employer? I mean, is this your current employer who filed this H1B petition on your behalf?

I believe the bond was signed in India and MJay is currently in India too.

This is my opinion not legal advice.

[Mjay]

Agreement details.

It depends upon what is written in the agreement. If you leave without informing them worst case they hold back your final settlement/PF/experience certificates which will be difficult to get without going to courts Evaluate your risks an act accordingly.

This is my opinion not legal advice.

Thanks Raghvi.

The agreement details, as far as I remember were that I should pay up 4700$ incurred for them. This will be invalid if they dont submit my papers within 6 months of agreement signing or if it get rejected but they did submit in a months time and it got approved as well.

I have no plan to leave without informing them as I have 2.5 years spent inside this company. The company is not even planning to give me the documents even if I give them the amount. Will this have any issue while the second company sends me for stamping?

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Employment bonds are straight illegal. Did you ever work for that employer? I mean, is this your current employer who filed this H1B petition on your behalf?

Thanks Shervin143.

I have heard its illegal but I have no way to fight it as they could do some harm for me while during future background verification or so.
Yes this company is my current employer (2.5 yrs with them) which I will be leaving soon (im currently in notice period) and they are the ones who have filed my h1b petition.

Any idea if I would run into any issue if my new employer sends me for stamping. I am worried as I am going to pay them 4700$ (~3 Lakhs INR) to let me off smooth. I havent told them where I am leaving to or the company Im joining. When they asked I told them another company name. I didnt want them to do something to my offer to lose it.

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I believe the bond was signed in India and MJay is currently in India too.

This is my opinion not legal advice.

Yes I am in INDIA

[shervin143]

If you are paying them to get relieved, then at least get a proper experience letter. It will be very useful when you file your future non-immigrant petitions and GC. You don't need any original documents related to your H1B petition for your current employer. If you have a copy of your previous approval notice, then that is sufficient. When you attend the visa interview through your new employer, your current employer will not know that unless you or someone informs them. U.S consulate will never contact them, so you need not worry about that.

[raghvi]

If you are paying them to get relieved, then at least get a proper experience letter. It will be very useful when you file your future non-immigrant petitions and GC. You don't need any original documents related to your H1B petition for your current employer. If you have a copy of your previous approval notice, then that is sufficient. When you attend the visa interview through your new employer, your current employer will not know that unless you or someone informs them. U.S consulate will never contact them, so you need not worry about that.

I agree, if at all you are paying to get relieved, do ensure you get the Copy of H1 Approval notice, experience certificate, relieving certificate, full and final settlement (PF, gratuity, eligible bonus, eligible leave encashment, tax benefits etc).

This is my opinion not legal advice.

[Mjay]

If you are paying them to get relieved, then at least get a proper experience letter. It will be very useful when you file your future non-immigrant petitions and GC. You don't need any original documents related to your H1B petition for your current employer. If you have a copy of your previous approval notice, then that is sufficient. When you attend the visa interview through your new employer, your current employer will not know that unless you or someone informs them. U.S consulate will never contact them, so you need not worry about that.

I agree, if at all you are paying to get relieved, do ensure you get the Copy of H1 Approval notice, experience certificate, relieving certificate, full and final settlement (PF, gratuity, eligible bonus, eligible leave encashment, tax benefits etc).

This is my opinion not legal advice.

Hi raghvi

I'm replying to this thread so that it may be of use to someone. I paid 4551$ as per what my company did ask me to pay. They relieved me of the company with all possible documents. Now i am at my new company who is planning to put up a new bond of 6 lakhs if i travel and for 18 months which starts only after i travel which i believe is reasonable.

Thanks Raghvi for all the advices