gautam2006
Registered Users (C)
Back ground:I am here in Missouri, US since April 2006 on H1 till date. I had been to US before on same H1 for 4 months in State of Washington during 2005. My H1 visa petition and original LCA was filed with State of Michigan in May 2004. When I moved to Missouri, I was given a different LCA for Missouri which was filed in 2003 and valid till Sep 2006. (Though Expiration Date on LCA says 30 Nov 2003). As per this LCA, minimum prevailing wages were 46K p.a and my actual wages were 50K p.a. Later on I came to know about the new LCA provided to the employees whose Visa petition was filed after March, 2005 which had the minimum prevailing wages of 56K p.a. So, even my junior colleagues were getting more than what my actual wages were.
I raised my concerns with my employer to provide me with the new LCA and the appropriate salary package and they did nothing about it even after a month of having raised the concern. Hence I decided to join another employer. I have given 2 weeks notice period to my present employer and also got my H1 transfer done with the new employer whom I will be joining in second week of Aug 2006.
I had signed a deputation letter with my present employer back in India before coming to US which says that I need to pay $10,000 as liquidated damages in case of not completing the 2 months notice period.
Situation: The present employer is threatening me to pay $10,000 or face the consequences by filing a case to acquire the liquidated damages. They also deny to give any experience letters for the past 2 yrs of work.
Questions:
1. Was I entitled to be paid wages as per the new updated LCA?
2. Is it legal for my present employer to ask for the $10,000 liquidation damages and file a case against me if the so called damages (which are not elaborated) are not paid?
3. Can I file a case against my present employer for discrimination in salary?
4. Is the employer having any rights to ask my H1 back?
Would very much appreciate your advice on this regard.
Thanks in advance,
Saurab
I raised my concerns with my employer to provide me with the new LCA and the appropriate salary package and they did nothing about it even after a month of having raised the concern. Hence I decided to join another employer. I have given 2 weeks notice period to my present employer and also got my H1 transfer done with the new employer whom I will be joining in second week of Aug 2006.
I had signed a deputation letter with my present employer back in India before coming to US which says that I need to pay $10,000 as liquidated damages in case of not completing the 2 months notice period.
Situation: The present employer is threatening me to pay $10,000 or face the consequences by filing a case to acquire the liquidated damages. They also deny to give any experience letters for the past 2 yrs of work.
Questions:
1. Was I entitled to be paid wages as per the new updated LCA?
2. Is it legal for my present employer to ask for the $10,000 liquidation damages and file a case against me if the so called damages (which are not elaborated) are not paid?
3. Can I file a case against my present employer for discrimination in salary?
4. Is the employer having any rights to ask my H1 back?
Would very much appreciate your advice on this regard.
Thanks in advance,
Saurab