H1b Transfer and current bond signed

[desilva]

Hello,

I have a couple of questions and would like to get your guidance.

I have just moved from india to usa 3 weeks ago and was forced to sign some agreement for 2 years or else pay 25k if i break it. I was asked to sign this the moment i landed in usa. I was given absolutely no clue for this. Is this really legal? If not, what can i do about it?

I also won't be getting paid until i am billable for this company which may take 1 month or so. I believe this is also not legal. I have no idea if some of us have to go through this just the way i am going through.

Now i fortunately know some another company who can apply for my visa for his compnay ( has good track record ). But i won't be having paystubs for visa to be transferred. I believe this is ok as i read from other threads. THis new company also asked me if i would like to be applied for premium processing which is not just H1b transfer but actual visa may come in 3 weeks. Is this better option? or trasnfer would be good option as well.

One of my concern is if i apply for H1b transfer, and i quit my first company and join this new company. What would happen if i get RFE for paystubs from the first company.

What are my options if i break the contract?

Please help me here.

Thank you so much.

DC

[getting_there]

Hi Dsilva,

am in same boat as yours.

In most cases this employment agreement / contract is used as tool by the employers to make you dance for all their music. Make sure you are paid irrespective of the fact, you are in project or not. Normally United States Immigration and Natualization services approval for your H1-B is for the existing job which could not be filled by native people. So if there is any terms like "you will be paid only if you are in project" appears in offer letter, it does not hold good in eyes of INS. Unless it is mentioned in the documents submitted by the employer to INS, your salary is annual basis. Not on hourly basis. There is nothing called bench period. You should be paid from the day one whether you are in assignment or not. Make sure no such catch is found in either in offer letter or in employment agreement. INS may not approve H1-B visas for hourly salary basis for the people coming from other countries. H1-B is meant for special skilled jobs which could not be filled by local people.

You can join new co. without any hiccups. Hope it helps. Wish you luck.