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  1. #1
    Join Date
    Mar 2006
    Posts
    2

    Default H1 Transfer Problem

    Hi,

    I need help regarding H1 transfer.

    Company A sponsered me the H1 visa and we had a contract out USA that I will be with him for 2 years. If I want to break the contract I have to pay him $4500.

    Initially when I came I was in bench for 2 months for which I did'nt received any salary. After that I got project and I am still working to the same client since then (nearing 1 Year).

    B - 1st vendor
    C - 2nd vendor
    D - Client
    A->B->C->D
    Above is the chain from my employer(A) to client(D). D wants to hire me as a permanent employee. and he is ready to transfer my H1.
    C has no problem with me if I join D.
    Me,A & B has a contract that I should not join the client till 365 days after my completion of last assignment. I need to pay $25000 if I voilate the contract.

    Please adivse me if I can go with D. With D I see my career bright.

    If I join with D and if B sues me, then can I counter sue him that he is restricting my career growth.

    I am ready to pay A $4500 for breaking the contract if neccessary.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1 Transfer Problem

    Quote Quoting contactbond
    Me,A & B has a contract that I should not join the client till 365 days after my completion of last assignment. I need to pay $25000 if I voilate the contract.
    So the hold-up is that you don't want to pay the $25,000? You should have the contract which attempts to impose that amount reviewed by a business lawyer in your state, to see if it is enforceable.

  3. #3
    Join Date
    Mar 2006
    Posts
    2

    Default

    Thank you

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