H1 employer is giving warning

[nitin_hamir]

Background:
I had filed H1B in 2007 and it got approved. I didn't join on H1 as I was in US on L1 from my current employer. I came back in 2008 and got H1 stamping done.

Current:
Since Market in US is not good from last september 2008 or so...I dropped my Idea of going to US on H1. And in between I again got oppurtunity from my current indian employer to go to US on L1. So I got L1 stamping and eventually my H1 was cancelled by US embassy.(As expected).

Problem:
Now somehow my H1 employer has come to know about my L1 assignment and he called me up told me that you have two options 1) Either Join us 2) or face lawsuit for $40k when You come to US on L1.

My L1 travel date is close and I am not sure if warning given by H1 employer is genuine / can he file lawsuit/ can he ask for $40k/can he bother me in anyway ????

I re-read my offer from H1 employer and it doesn't mention $40k or any such binding as such.

Kindly help me ...this is really bothering me. Can I go to US with free mind????

[sachih1]

hmm,

Have you paid for your h1? If so, dont worry, they'll not bother to approach court. Since if you prove DOL/court that you have paid for H1, then the employer is gone from business.

If you have not paid, they can go to court, but usually no one goes to Court. Just ignore them and dont bother to reply.

But why are you worried? If employer is paying you all the time (He SHOULD) irrespective of project/bench, I feel you should go ahead and accept the offer. - Its your decision though.

[txh1b]

Just ignore the H1b employer. He seems to be a fool trying to get some $$$ from you.

[nitin_hamir]

thanks for replies

Thanks Sach/Txh1b for reply.

Yes I have paid for my H1 , I mean he took some Rs 80k from me.

Also, He'll pay me some allowance(tiny tiny) when I am on bench..not the full salary that'll be there when I am on project.

I again spoke to him...still almost same he said you can continue on L1 but incase you don't join us going forward then we have settle few things as you had signed contract with us. ( Now, I don't remember that I signed anything apart from my offer letter ).

What if let's say if I had signed something like that?...although I remember money was mentioned in any papers.

[sachih1]

Then just ignore.

If he threatens more, tell him, you'll consult DOL before giving the money. Puff.. thats it the employer will no more bother you.