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Regarding my H1B Transfer

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  • Regarding my H1B Transfer

    Hello All,

    Right now i'm workin in M***aukee, WI. My employer (A, Desi Company) contracted to another consulting firm (B, Desi Company) and and that consulting company in turn contracted to another consulting company (C, American Company) who is the Direct Vendor of my Client. Hope you guys understood.Now my idea is to transfer my H1 to Company (C) who is the direct vendor of my Client and they also agreed to transfer my H1 with a good package with all benefits. The bad part is, i do have a contract with my current employer (A) for 18 months starting March-2008. In the agreement it's been mentioned as "If you leave the employment before the end of Eighteen months, you will pay $20000". My concern is, if i do break the contract next month, will they file a law suit against me and i end up paying $20000 to them or they can't file case against me for breaking the contract. Should i tell all these issues to the company (C) where i'm planning to change my H1 and consult with their lawyers. Should i take the risk or not? There is a big difference in the package between my Company and the American Company. Before doing this should i consult a lawyer? Your advice is highly appreciated.
    Last edited by SuganyaJawaugh; 09-05-2008, 08:21 PM.

  • #2
    Yes, consult a lawyer. Some employment contracts - especially non-compete agreements - are legal. Only an attorney can tell you what your rights and obligations are after reviewing your documents.

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    • #3
      Originally posted by C4us
      Yes, consult a lawyer. Some employment contracts - especially non-compete agreements - are legal. Only an attorney can tell you what your rights and obligations are after reviewing your documents.
      In the agreement, there is a section stating the terms and condition for "Relocation and Termination". It consists the following details :-

      "You are employed by the company at-will basis. You will promptly comply with the company's instructions concerning relocattion to or from a customer/client site and reasonalbe and documented relocation expenses will be reimbursed in accordance with the policies set forth. Further, you will not leave the employment of the company for a period of 18 months from the date of your hire. Date of hire is the datte of the first paycheck issued by the company. If you leave the employment of the company before the end of 18 months fom the date of your hire, you will pay the company $20000 within one month from the date of such occurence.
      The company agrees to provide you with 2 weekss advance notice of termination(except no advance notice will be provided if the terrmination of your employment is for cause) and you agree to prrovide the company with 2 weeks advance notice of termination of employment. You acknowledgge that at least 2 weeks advance notice by you is reasonable and necessity under such circumstances due to the substantial effort, time and expense the company will be required to incur in employing and relocating you and in replacing your services. In the event that you breach the termination notice or other provvisions of the Agreement ot that your employment, or within 6 months after your relocation to a new customer/client side or prior to the completion of any project to which you are then assigned, you are agree to repay in full all actual travel and rrelocation expenses or other advances paid or reinmbursed to you by the company and you authorise the company to deduct and withhold any such repayment in full form any compensation or other amounts otherwise owed or payable to you. "

      The agreement was signed by me with the date. However, the employer has not signed it, though the employer's name,designation and the company name is printed on the right side of the end of the agreement.

      The agreement was printed with the company name in the header and the company's registered office address in the footer.

      What do you suggest ? should i ditch the employer or not?

      Comment


      • #4
        A fixed cost of 20k is not a valid thing. But, you should note that you are clearly violating any non-compete agreement that you or employers have in between them and it will work against you.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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