H1-B and the contract

[skgeet]

Hello All,
Here is my situtation; Early this year I took a training from a small indian company in California on Datawarehousing. The company did my H1 and signed a contract with me indicating that it will pay me 50% of what will be billed on the hourly basis on the employing company. This contract is valid for one year and as per the contract, if I breach it, I will need to pay $20,000.
I am not sure what salary is mentioned on my H1-B but definitely it will be much more than what I am paid today.
Can I claim that the contract is invalid as for H1-B employees you cannot have a) 50% arrangement b) Have not been paying the amount as stated in the contract.
Thanks

 

[raj-dba]

Take advice from employment/labor attorney

In California state, contract is cosidered void if it is too restrictive and in favor of employer. I am not sure whether you paid for your datawarehousing training or company paid it. If company paid that amount, contract can be considered legal. Regarding your question (b), If employer is not paying as mentioned in contract, then it doesn't invalidates the contract, but it is a breach of contract and you can take action against your employer.
Take an expert opinion from employment or labor attorney in your area.