H-1B Employment and Breach Of Contract

[joejoejoe]

State: Michigan

1. I am H1 B visa holder. My anual salary is 56375 and this is mentioned in the offer letter and also same is mentioned in the documents submitted to USCIS.

2. I have contract with my employer for 2 years, it clearly says that I need to pay 15000$ if I leave the company before 2 years. And this amount is towards the amount they spent on me for training, mentor, relocation and other charges.

Currently I am not in any project and my employer doesn't has any work for me and I am attending the interview for job for the last 45 days sitting at my house.

Now I got a new job with new employer and I want to move to new employer leaving the current employer.

And the reasons for leaving my current employee is:

1. They are paying me at 55K per year but in the offer letter it is mentioned I will be paid 56375/year

2. They are unable to show me the work for last 45 days.

3. They have not given me any kind of training, mentor or I am not in any client projects so these is no relocation amount spent on me.

4. My employer is now forcing me to apply for a leave for these 45 days.


-- Can I leave my current employer by putting up these reasons, In worst case if I need to pay the amount is there any chance of reducing the amount to be paid as they have not given me any training, mentor or relocation.

[Gettingwrinkles]

You have been benched - were you paid for your time "on the bench"? What do you mean by "My employer is now forcing me to apply for a leave for these 45 days"?

[joejoejoe]

I am on beanch for last 45 days and my employer is asking me to apply for a leave for these 45 days.

He says that I should be on leave untill i get the next project to work.

The salary is not paid as it is mentioned in the offer letter, so not he breached the agrement, because I signed the agrement based on my offer latter.

Its me or my employer breached the agrement.....

[Gettingwrinkles]

So your employer is asking you to apply for leave to cover himself, because he unlawfully benched you without paying your wages?

If I were you I would try to transfer the H-1B to the new employer, then file a wage complaint for the time you were benched. The problem is, if you don't have paystubs and you weren't on leave, you may have difficulty transferring the H-1B.

[joejoejoe]

Thank you very much for sending the reply.

To be frank, I dont want to go legally on my employer but just want to change my employer....

I dont know much of H1B rules, but he has also not paid me for my first month in US and when I asked for the pay he said as I dont have the SSN so he cant pay the salary.

I entered in the month of January and immediately applied for the SSN but it took one month to get the SSN and in that time also I am attending the intervies from my house(on beanch). But he has not paid for the month of January.

I just want to know whether the salary should be paid from the day one I entered to US or from the day I got the SSN.

From Feb. he is paying me 55K per year but actually in the offer it is mentioned as 56375/year.

So will there be any legal problem if I leave the employer....

Thank you very much for your previous reply's.

[Gettingwrinkles]

If you can transfer employers without retroactively redefining the unlawful benching as "leave time", I suspect that your employer would have a hard time enforcing his contract. However, as I previously indicated, you need paystubs to effect the transfer.

[joejoejoe]

Thank you very much for your time and efforts.