Liquidated Damage and OUT OF STATUS issue

A

aditi732

New Member
Question 1: How can i terminate my employment with employer A?

I have signed aggrement stating that i need to pay liquidated damage if i leave the employer A.

But i haven't done any damage to my employer than can they make me charge any liquidated damage like H1B Filling Fees, Training Fees. I know that i need to return the amount for rent and food which he was providing me during my bench period, but

Can i complain DOL that i was not been paid for this period

Can he charged me for illegal Training cost (Training which i haven't attended) or any such cost which requires me to pay such damages?


Question 2: Is it OUT of STATUS
I am working with employer A and my transfer is going on with employer B, now i am OUT OF PROJECT from March month, but haven't left employer A with whom i am salaried employee* (but not paid on bench) So when i try to switch from employer A to employer B can employer A put me into trouble, with liquidated damage agreement he had made signed to me. I can't work with employer A as they don't have any direct client and can't able to market me well to get project, even if by hard they find me project, than it would be short term and very less pay rate, and would require me to relocate, which i can't afford to accept with that rate.
 
On H1, the employer must pay the H1 employee all the time, even on bench. Not getting paid puts the employee out of status and may result in probelms in H1 transfer, Change of Status, and GC process etc. Demand your pay by complaining to DOL using WH4 form.

The breach of contract is a whole another issue. Liquidated Damage contracts are valid. The employer may pursue it further if they have the time and money to do so. But you need to get paid.

You are out of status and your transfer may have problems.
 
aditi732 said:
Question 1: How can i terminate my employment with employer A?

I have signed aggrement stating that i need to pay liquidated damage if i leave the employer A.

But i haven't done any damage to my employer than can they make me charge any liquidated damage like H1B Filling Fees, Training Fees. I know that i need to return the amount for rent and food which he was providing me during my bench period, but

Can i complain DOL that i was not been paid for this period

Can he charged me for illegal Training cost (Training which i haven't attended) or any such cost which requires me to pay such damages?


Question 2: Is it OUT of STATUS
I am working with employer A and my transfer is going on with employer B, now i am OUT OF PROJECT from March month, but haven't left employer A with whom i am salaried employee* (but not paid on bench) So when i try to switch from employer A to employer B can employer A put me into trouble, with liquidated damage agreement he had made signed to me. I can't work with employer A as they don't have any direct client and can't able to market me well to get project, even if by hard they find me project, than it would be short term and very less pay rate, and would require me to relocate, which i can't afford to accept with that rate.
Click to expand...

In my company, being on salary (or in your words being a salaried employee) means that you will get paid. It does not depend on whether your employer asked you to do a job, or left you to surf the internet.
 
aditi732 said:
Question 1: How can i terminate my employment with employer A?

I have signed aggrement stating that i need to pay liquidated damage if i leave the employer A.

But i haven't done any damage to my employer than can they make me charge any liquidated damage like H1B Filling Fees, Training Fees. I know that i need to return the amount for rent and food which he was providing me during my bench period, but

Can i complain DOL that i was not been paid for this period

Can he charged me for illegal Training cost (Training which i haven't attended) or any such cost which requires me to pay such damages?


Question 2: Is it OUT of STATUS
I am working with employer A and my transfer is going on with employer B, now i am OUT OF PROJECT from March month, but haven't left employer A with whom i am salaried employee* (but not paid on bench) So when i try to switch from employer A to employer B can employer A put me into trouble, with liquidated damage agreement he had made signed to me. I can't work with employer A as they don't have any direct client and can't able to market me well to get project, even if by hard they find me project, than it would be short term and very less pay rate, and would require me to relocate, which i can't afford to accept with that rate.
Click to expand...

Go ahead with the H-1B transfer with the latest paystub ASAP. However, it upto the USCIS Service Center how recent the paystubs should be.
 
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