Too confused with H1 transfer problem ???? Help PLS..

[mailtodrg]

Hi, i came to US on company A's H1B visa. Now i am having a very good offer from Company B and also I and other collegues not happy with the current company A. I have signed an agreement with company A that i cannot leave the company before a period of 1 yr else i need to pay them the damages incurred. This agreement was signed on company's letterpad with my and my employer's signature at the last moment of my project placement. Can I run into some legal issue with this agreement ? Can I be put into any trouble? I am working with this company from past 3 months and I have paystubs. They had kept me on bench for more than 1 month without paying. Please help me. Thanks in advance.

[gbshankar]

If the penalty clause is part of the job offer terms, to come to USA, then you would end-up paying the money. If the penalty clause is taken as a separate contract on a separate paper, then your employer cannot force you to pay the money, since court may view the same as coercion.

Please note: No legal advice.

[mailtodrg]

Hi

Thanks for the reply, but we have signed on 2 papers,

first one, in INDIA on 50Rs stamp paper stating that i will provide the service to the company for 1.5 years else i have to give 1 lack rupees.

second, in US we have signed on company's letterhead stating that I will provide service to the company for 1 year else I have to pay the damages incurred.

I hope you can understand the 2 points, waiting for a positive reply

mailtodrg

[gbshankar]

check this forum,

http://www.immihelp.com/forum/showthread.php?t=6725

Note: No legal advice.