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  1. #1
    Join Date
    Jul 2007
    Posts
    3

    Question Enforceabilty of H-1B Employment Agreement

    1. My employer brought me to US on H1B, and he knows very well that I have 7 years Exp. in the SAP(Computer Subject). But after comming here he has changed my resume to 10 Years Exp in SAP advanced technologies. I dont have any knowledge of SAP advanced technologies and I dont have 10 years of exp.

    Now I want to leave this employment and move to new employer. With my new employer I got job on SAP with 7 years Exp.

    The problem I have is that I signed an agreement and the agreement says I need to pay 20K if I leave the job before 18 Months.

    The reason I want to leave is:
    1. He is not showing me the job in SAP with 7 years.
    2. He is cheating with other clients by sending me as 10 Years exp.
    3. He said I will be paid 82K/year but he is paying 80K/year. This is not mentioned in the agrement but my employer has given me the offer letter in that it is mentioned. The documents submited to USCIS also says the same salary i.e. 82k/year.
    4. The difference of amount 2000$ is very less. Will court accept this amount as a breach of employer.

    I dont want to legaly proced on my employer but I just want to be safe if he goes to the court.

    Advance thanks.........

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employment Agreement.

    We do not have any way of knowing whether an agreement we have not read is legally enforceable.

    You will need to show it to an attorney in your state, preferably one with immigration experience.

  3. #3
    Join Date
    Jul 2007
    Posts
    3

    Default Re: Employment Agreement.

    I just want to know - In US is this legal to change the resume and put up fake experience and asking me to attend the interviews with the clients.

    Thank you for your previous replay.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employment Agreement.

    Employees all over the US are padding their resumes, putting in experience they don't have, and stretching the time they worked in particular fields.

    Legal or illegal, it happens all the time and there isn't any regulatory agency with authority to prevent it.

  5. #5
    Join Date
    Jul 2007
    Posts
    3

    Default Re: Employment Agreement.

    Okay - Thank you.

    But that's a over head burden if the employee is not interested. its just a harasment to the employee by putting up lot of pressure and threating him to cancel the H1B or legally proceding.

    So I dont have any options other than working with him.....

    but he also paid less, the difference of amount is 2000$/year so how about this - is this Okay in US if an employer pays less amount. The amount may be less when compared with salary 80K/year but still he has not stick to his words....

    I am desperate to move to new employee..... please suggest me.

    Thanks

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Employment Agreement.

    You should not be paid less than the salary stated on your labor certification.

    You should discuss the contract issues and the $20K liquidated damages clause with an immigration lawyer, as it is possible that the $20K would be deemed an unenforceable penalty as opposed to reasonable compensation for the employer's expenses. But as cbg says, we can't tell you if the agreement is enforceable as we haven't seen it.

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