Is it Exploitation?? Rajiv, ginnu, Others, Help !!

G

gogia

Registered Users (C)
Hi,

I've been in US for 3 years now. I changed employer 8 months ago after the new employer agreed to process my GreenCard. (I got a project on my own and switched to their H1). they applied for H1 transfer from TSC and it took 6 months to be approved.

Now, when I asked them my copy of the H1 Approval notice, they sent me an agreement to sign. the agreement says I can not leave the company for the next 18 months and after that, for 6 months from the start of each project. Also, I can not apply for or authorize any other company to apply for my H1 or Green card. If I do not respect the agreement, I will loose my salaries due at the time and I'll have to pay unspecified amount of penalties......

Is it a legal thing to do on their part? If I sign, does it have a significant impact on my future? does it stand valid in a court of law if it comes to that?

I had no intention of leaving this company and I have rejected 2-3 very good offers of permanent employment just to be with this company and peacefully do my GC, but they have forced me to rethink...

they are holding my H1 papers and will not release unless I sign this...

Can you help ?? Can anybody tell me how to contact Rajiv and his charges?

your help is greatly appreciated..

thanks
 
Last edited by a moderator:
gogia said:
Hi,

I've been in US for 3 years now. I changed employer 8 months ago after the new employer agreed to process my GreenCard. (I got a project on my own and swithed to their H1). they applied for H1 transfer from TSC and it took 6 months to be approved.

Now, when I asked them my copy of the H1 Approval notice, they sent me an agreement to sign. the agreement says I can not leave the company for the next 18 months and after that, for 6 months from the start of each project. Also, I can not apply for or authorize any other company to apply for my H1 or Green card. If I do not respect the agreement, I will loose my salaries due at the time and I'll have to pay unspecified amount of penalties......

Is it a legal thing to do on their part? If I sign, does it have a significant impact on my future? does it stand valid in a court of law if it comes to that?

I had no intention of leaving this company and I have rejected 2-3 very good offers of permanent employment just to be with this company and peacefully do my GC, but they have forced me to rethink...

they are holding my H1 papers and will not release unless I sign this...

Can you help ??
Can anybody tell me how to contact Rajiv and his charges?
--------Contact Rajiv on 703 908-4800 he will let you know the charges
your help is greatly appreciated..

thanks
Click to expand...
 
thanks ginnu,

I will contact Rajiv. In the mean time, what is your opinion on this?
Is it legal for them to hold on to my H1 papers? I dont think so, otherwise it would mean that no one can change employer without the consent of their current employer...
 
gogia said:
Hi,

I've been in US for 3 years now. I changed employer 8 months ago after the new employer agreed to process my GreenCard. (I got a project on my own and switched to their H1). they applied for H1 transfer from TSC and it took 6 months to be approved.

Now, when I asked them my copy of the H1 Approval notice, they sent me an agreement to sign. the agreement says I can not leave the company for the next 18 months and after that, for 6 months from the start of each project. Also, I can not apply for or authorize any other company to apply for my H1 or Green card. If I do not respect the agreement, I will loose my salaries due at the time and I'll have to pay unspecified amount of penalties......

Is it a legal thing to do on their part? If I sign, does it have a significant impact on my future? does it stand valid in a court of law if it comes to that?

I had no intention of leaving this company and I have rejected 2-3 very good offers of permanent employment just to be with this company and peacefully do my GC, but they have forced me to rethink...

they are holding my H1 papers and will not release unless I sign this...

Can you help ?? Can anybody tell me how to contact Rajiv and his charges?

your help is greatly appreciated..

thanks
Click to expand...

Why do not you Name the Company, so People will be carefull with that Company........By taking opinion from board your getting help so help others too.
 
they just sent me the agreement. I have yet to talk to them about it. If they do not budge, I will definitely let others know about this company...
 
hey gogia

don worry, you can ask INS to send a replacement copy of your H1B approval.
with freedom of information act you can ask USCIS to release all the documents/papers on your file. this way u can get all documents u r new employer field for you H1B.

By law employer keeps the top portion of the approved / new I-94 but the bottom portion goes to the beneficiary i.e you. they cannot keep this with them. If you travel outside US you will need this approved I-94.

better find a new employer who can transfer H1B if u find go for premium processing. u can start searching right now and do not sign the papers. keep on buying time until u find another employer...

if you complain to your state labor dept or USCIS your company might be in big trouble...but try to avoid that as that will create more deep probs. 4 u also

my suggestion consult a good Labor Lawyer (in your state of employment) and Immg Lawyer BOTH......
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KEEP IN MIND AM NOT AN ATTORNEY. LIKE ONE OF U.....READER.....
 
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