URGENT-Change of employer before Start date on H-1B

[optimisticv]

somebody please respond!

I have a H-1b from a consulting company,A. I am now offered a permanent job from a software company B. They are ready for the transfer of H-1 and they want me to work for them directly and not through the consulting company. So i have to apply for a change of employer even before the start date.I have not worked for company A since my start date is OCT 1st 2006.

Also I have signed a contract with the Consulting company, A that if i leave them before 1 year i have to pay $10,000.00(they call it Liquidation charges and not Penalty). They also wrote in the contract things like they will provide insurance and benits but they have told me verbally that they will not do that. they also took $2500.00 for H-1 charges but they took a check without any name on it. And I have only given them a fax copy of contract not original.

I am planning to negotiate with them. The earlier guys from the same consulting company have left without paying any compensation without any trouble.

IS this possible. Is there something I need to know.

My e-mail is [email protected]
Please advise me and guys who have similar situation reply. I am Running a tight rope for time. Please respond. Any comments will be appreciated.

[mthakershi]

Hi,

Could you please tell me what happened in your scenario? I am in same sort of trouble.

Please read my post:

http://www.immihelp.com/forum/showthread.php?t=29049

Thank you.

[topcatin]

First of all according to the laws of the US, an employer can never hold anyone in bond nor can they ask someone to pay damages or etc even if you leave before the contract expires. Consulting companies are just frauds and just scare you with all this. I have known people who have just walked out.
I dont understand why you had to pay 2500$, get that money and leave this idiot ASAP. You paid for the visa ..so what is this liquidation and all that? All these fellows offer letter are all just simply an eye-wash. So you have your H1 approval now . thats how I understood your case. He cannot do anything to you. This is my take on this. I really feel bad for you guys who went through this, stay away from these fellows and hope you have all you certificates with you and not with him. If he causes problem you can report him to "DEPT of Labor". All the very best.