Before joining new company on H1 ....

[freemail]

Hello,

I'm totally new to the US and H1. I'll be joining the new H1 employer on Oct 01.
Could you tell me what should I be looking at about benefits , contracts and legal issues before joining this new employer.

Thanks.

[Subramanya]

Newbee to US

I'm totally new to the US and H1. I'll be joining the new H1 employer on Oct 01.
Could you tell me what should I be looking at about benefits , contracts and legal issues before joining this new employer.

---- BENEFITS -- You should be entitled to medicaal insurance and the payment terms differ from employer to employer and the insurance company with which they have agreements with. Alternatively , you should be able to get your own medical insurance and the rates differ. In all instances you should have medical insurance while you are in the US

---- CONTRACTS -- As such you snouls not be signing any contracts except acceptance of your employment offer letter and tax forms. All other contracts are between you and the employer. In the US , your employment is at free will meaning that you or the employer can terminate the employment at any point of time without any pre-conditions. Otherwise the employer cannot hold you for any contract

----LEGAL ISSUES --- Each State in the US has employee rights and you should able to browse through the state's website and many times the rights are posted physcially on the company premises

---- Other than these issues, it is your personal contact with your employer. Remember that the employee cannot pay for H1 and its renewal as it becomes illegal and at the same time employer cannot demand that you pay for the fees. You can browse through the immihelp website and other forums for more information

Subramanya.

[C4us]

All employers do not offer health insurance to their employees. GOOD employers do so. Contract workers often do not receive this as a benefit. It often does not start for 3 months so you should plan to purchase a travel policy during this time. It will often not cover pre-existing conditions for a period of time; your employer should provide you with policy description. It is sometimes published on the employer website.

I agree that health insurance is essential; if you need to purchase yourself, you will find it to be quite expensive. It is absolutely essential that you understand the limits and rules of the policy - especially if you will working a client locations in different cities; some policies are very strict about where they can be used without very high copayments.

Your employer may have you sign some legally binding documents as a condition of your employment. Some that are legal are non-compete agreements where you agree that you will not work for a competitor for a period of time. Others list the conditions of your employment such as no additional employment without authorization, that you have received and will agree to abide by the personnel manual, etc. They cannot require you to sign an excessive bond; they may be able to file for liquidated damages if you leave before the termination date of your contract.

If you have any questions, take all of the documents to a US employment attorney BEFORE you sign. The human resources/personnel person should be able to answer your questions and explain any documents that you are asked to sign. If they cannot or will not, there is likely something irregular among them.

You are very smart to consider these things before you land!

[freemail]

Thank you for all your help.

I've paid for my H1 and I came to know that paying for H1 is illegal.
The employer told me that he is going to pay me back the money within 8 months of joining them. In this case, can they ask me to sign a contract for one year or so that says, I cannot leave the company before 1 year of working with them ?
I was obligated right from the day I've filed my H1 because I've paid for it.

Can they force somebody to sign the contact ?

Even if they make me sign such contracts , can I switch to some other employer
after 6 months of working with them ? Will they file a case against me ? or are these cases invalid in the court ?

[freemail]

Please reply.

[freemail]

Please reply ... Thanks

[DMX17]

I've paid for my H1 and I came to know that paying for H1 is illegal.
The employer told me that he is going to pay me back the money within 8 months of joining them.

Employer "told me" or "promised by god" does not mean anything. Since you paid for the H1 which your were not supposed to do to begin with, I think you may be about to enjoy a rollercoaster ride. Have fun!

Since your original questions asked about what you need to know about working on H1 and I know the nature of your employer, the first thing I would make sure is that the employer has a guest house because you may be on bench without pay from first day on. Benefits differ from employer to employer. Employers who cannot afford to pay for the H1 sometimes can afford to provide a guest house as a ‘benefits’ item.

[txh1b]

Nobody can force anything on an adult. It is your choice.

[freemail]

Thanks.
Yes, I later realised that I've done a mistake by paying for my H1B.
But, many a times I have heard that employers tell the employees or make them sign that if you leave my company in next 1 year, you have to pay us $15,000 or so.
a) Is this legal ?
b) Can we leave it after working for 6 months if we get a better job ?
c) can we challenge this in court ?

Thanks again.

[txh1b]

Google for liquidated damages. They are valid.

http://www.dol.gov/compliance/guide/h1b.htm

[C4us]

It sounds as though your employer may be a fraud. You would be foolish to enter the US knowing that your employer is asking that you engage in illegal activity.

The employment options in the US are not as good as presented. In the last 6 months nearly 1/2 million people have lost their jobs and the unemployment rate is up; since many H1B jobs are fraudulent, there is no way of knowing how many people like yourself have entered and are unable to obtain legal, paid employment.

Your best bet is to find a legitimate employer, have him file a new petition not under the cap and enter the US on the basis of your second approval notice. Consider the payment you made a lesson in how to commit immigration fraud.

Based on this information, you are also unlikely to receive any benefits such as health insurance, etc. Unfortunately, you appear to have been "had."

[sachih1]

Hmm,

I have seen people saying, employer taking money for filing are fraud etc. (especially those who are in US since many years)

But the present market trend in India, is that 95% demand DD/bank guarentee/cash/cheque etc.

I have filed one with the guy who has filed it for free... but its v.v.v.v. difficult to find one.