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  1. #1
    Join Date
    Sep 2009
    Posts
    5

    Default H1b Early Termination

    hi,

    I just signed a H1b contract LAST WEEK, and it said that the termination of the contract charges will be $15,000.


    quote.... employee has to pay a penalty fee of $15,000 to employer, representing partial reimbursent of the employer's investment, if he/she stops working for the employer less than 24 months.

    I had second thoughts about the employer as he did not seem to have proper jobs available. So I asked him to cancel the process and agreement. He said it already on its way and he has given atorney fee of $3000 to his attorney and filed for LCA. The employer wants me to give him $3000(that he paid the attorney) in order to get a release.

    My concerns are

    1) am I liable to pay him anything in this scenario?

    2) the contract states, " the start date of the 2 year agreement begins from the actual date of deployement in the facility assigned by the employer."
    So, am I not under any obligations to pay him anything as the agreement is not efective?

    3) can i say, it not my responsibility to pay for atorney charges as per the DOL?

    Please help me out.

    Thank you.

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

    Default Re: H1b Early Termination

    Your responsibilities under the contract depend upon both the language of the contract and the laws of the state where the contract was entered. I haven't read the contract, and you chose not to tell us the state, so I can't tell you what rights you may have. Also, depending upon the specifics of what you mean by "he did not seem to have proper jobs available", you may have a defense against the contract. I suggest having the contract reviewed by a lawyer in the state where you were to be employed.

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