How to terminate employment with desi consultancy - is it legal?
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Posted on: 23-10-07 15:19:19
I got my H1 visa stamped on Sept 27 to start work for a desi employer in MI and reside in Toronto,Canada.
I have not yet entered the US and my employer has not paid me anything yet as I am outside US.
He made me sign a contract that if I leave before 2000 billabale hours that I would need to pay him around 8K in damages / training costs etc.
Will it hold in court if I decide not to join this company at all.He expects me to join in Feb 08.
Quote:
Originally posted by Jack109
I got my H1 visa stamped on Sept 27 to start work for a desi employer in MI and reside in Toronto,Canada.
I have not yet entered the US and my employer has not paid me anything yet as I am outside US.
He made me sign a contract that if I leave before 2000 billabale hours that I would need to pay him around 8K in damages / training costs etc.
Will it hold in court if I decide not to join this company at all.He expects me to join in Feb 08.
You should not have signed this contract, because employment in most US states is at will. Anyways, since you have not joined, there is no question of damages/training cost. The only money he will (and should) come after is your H1 filing cost. My opinion: he will not be able to come after you since you are not in the US. However, I would resolve this in an amicable manner if I had any long term plans to work in the US.
Jack109, I exactly am in a situation similar as yours.
I signed for a desi consulting company and have my H1. But have never joined them just for the reason that pay is too low + 2 yrs contract.
What you can do is go through your contract nicely, the 2000 hours would only start if you join them, unless specifically mentioned and you have signed that under any circumstances you will join them.
In my case I will have to pay my H1 filing fees if I dont join.
Anyway I would suggest that dont join coz. if you are a canadian citizen you can go there on TN status and there are always options open to go on H1 then if you require green card in future.
just a quick note here, you really don't need H1 for Green Card, you can always get GC while on TN.
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Regards,
Quote:
Originally posted by shyboy
just a quick note here, you really don't need H1 for Green Card, you can always get GC while on TN.
GC on TN. That is new to me. Do you know any Lawyers who does that?
