H1 visa - break bond

G

GCDream05

Registered Users (C)
Hi,
My wife was working on H1 for a company, she had signed an agreement in INDIA on a fax letter (not legal letter), that already had some corrections (of amount, period) done with pen on it. It mentioned 1 year bond and penalty of $7000. My wife worked with the company for approx. 7 months.
She was ill last month and was on 15 days leave (we have medical cert.), then she quit the company giving a resigantion letter. In response the company's law firm has sent a letter mentioning that they will cancel her H1 (which is fine... she is on pending I-485 status dependant on me). And they have mentioned about the bond according to which we might have to pay liquidated damages $7000. The letter mentions they are willing to settle any claims that they may have regarding out of pocket fees and legal expenses they incurred in processing H1. We are suppose o talk to their lawyer within a weeks time.
Note: H1 fees was paid by the company. Airline ticket was bought by us.

1) Should we talk directly to their lawyer and check what settelement amount they are asking?
2) Should we hire a lawyer to talk to their lawyer?
3) Is the bond signed in INDIA on just a piece of paper valid in US?
PLease suggest.

Thanks.
 
GCDream05 said:
Hi,
My wife was working on H1 for a company, she had signed an agreement in INDIA on a fax letter (not legal letter), that already had some corrections (of amount, period) done with pen on it. It mentioned 1 year bond and penalty of $7000. My wife worked with the company for approx. 7 months.
She was ill last month and was on 15 days leave (we have medical cert.), then she quit the company giving a resigantion letter. In response the company's law firm has sent a letter mentioning that they will cancel her H1 (which is fine... she is on pending I-485 status dependant on me). And they have mentioned about the bond according to which we might have to pay liquidated damages $7000. The letter mentions they are willing to settle any claims that they may have regarding out of pocket fees and legal expenses they incurred in processing H1. We are suppose o talk to their lawyer within a weeks time.
Note: H1 fees was paid by the company. Airline ticket was bought by us.
------Employer by law has to pay the H1 fees and lawyer fees he has to provide Airline ticket to US
1) Should we talk directly to their lawyer and check what settelement amount they are asking?
------- they are just rying to get some money I will try not to respond
2) Should we hire a lawyer to talk to their lawyer?
-that is upto you
3) Is the bond signed in INDIA on just a piece of paper valid in US?
-----I think NO it may be valid in India not in US, any paper signed then altred with pen will also NOT valid in India.
PLease suggest.
---- I dont think by law they can recover H1B filing fees or lawyer fees from your wife, let them do what they want to do. I will not respont to them, if they send any notice through lawyer then only Iwill respond or hire my lawyer.
** did they pay the correct wages to your wife according to salary written on LCA, Did they start paying her when she came to US and stated work? did they put or on BENCH for some days or months? if YES to any of above the employer can be in problems and you can file complaint against him with DOL. wait and watch what they do next.They are just trying to scare you or to get some money from you.

Thanks.
Click to expand...
 
Thanks Ginnu for your quick reply.
Yes they have sent a notice through their lawyer and the lawyer has mentioned in the letter to talk to him by this week regarding settlement.
Hence i wanted your advice weather we call the lawyer and hear what settlement they are asking for OR should i also hire a lawyer and have my lawyer talk to his lawyer. please advice.

Regarding the questions you asked, you were bang on target in judging them:
1) They did not pay wages as per the salary mentioned on LCA infact on LCA it was mentioned Annualized salary whereas she was being paid hourly.
2) No she started work and getting paid after one month of arriving in US.


Thanks
 
bond is not valid. it is h1 labor law violation. report to your local department of labor (dol).

that employer will be debarred upto 3 year from any immigration or labor benefits with some fines for the violation:
1. employer failed to pay h1 fee
2. employer failed to pay air fare cost to bring you here
3. employer failed to pay during non-productive time (bench period)

as your employer violated the employment law and agreement you have the right to break the contract even if its valid.

send a notice to your employer ask them to first pay the wages for the first one month you were on bench. ask them to reimburse h1 cost and airline fee. notify them to settle everything within two weeks to avoid complaining to dol. keep a note of all your communications with your employer. better deal them with email or your lawyer. phone or oral communications will not help you in the court. infact its risky.

they are just trying to scare you. they cannot do anything. report it to dol and uscis.

if your wife resigned due to her illness then use american disability act (ADA) and report to the dol for your employer violating ADA act by trying recover penalties for early termination. they will be penalized for this violation with huge fines.
 
Thanks Saigc for your reply.

Can someone please suggest me some good lawyers in Detroit Area who would take up this case. Also can you advice how much their fees would be, how much i could end up spending?


Thanks,
 
saigc said:
bond is not valid. it is h1 labor law violation. report to your local department of labor (dol).

that employer will be debarred upto 3 year from any immigration or labor benefits with some fines for the violation:
1. employer failed to pay h1 fee
2. employer failed to pay air fare cost to bring you here
3. employer failed to pay during non-productive time (bench period)

as your employer violated the employment law and agreement you have the right to break the contract even if its valid.

send a notice to your employer ask them to first pay the wages for the first one month you were on bench. ask them to reimburse h1 cost and airline fee. notify them to settle everything within two weeks to avoid complaining to dol. keep a note of all your communications with your employer. better deal them with email or your lawyer. phone or oral communications will not help you in the court. infact its risky.

they are just trying to scare you. they cannot do anything. report it to dol and uscis.

if your wife resigned due to her illness then use american disability act (ADA) and report to the dol for your employer violating ADA act by trying recover penalties for early termination. they will be penalized for this violation with huge fines.
Click to expand...
------------- saigc is correct. no need to meet the company lawyer , if you meet let him write to you what the lawyer or company want to be written on on paper then file Complaint with DOL. no need to worry. just inform the lawyer that she was not payed according to LCA and you will recover the wages through DOL and ask him to show the law that you have to pay, recover the Airline ticket cost
 
"bond is not valid. it is h1 labor law violation. report to your local department of labor (dol). "

Does this mean that any sort of a contract that a consulting firm ask us to sign stating that the employee has to work for "X" yrs or pay for monetary damages invalid??
 
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