Employee Harassment

[sunnyIT]

Hi,

I came to US with H1B sponsored by company X before 4 months and my employer is not able to get me a project, I got a call from my HR head couple of days back saying that I have to immediately pay back all the salary given to me in cash since I am in bench for 4 months.I have no clue what to do now, The day I landed in US my employer asked me to sign a agreement for 1 year and if I quit before agreement period I have to pay huge penalty. I don't want to work in this company anymore since I am being harassed to give back the salary.
Can I join some other company who can sponsor my Visa , Will my employer will sue me for breaching the contract.

Please Advise!

Sunny.

 

[army judge]

If you work for Genius, Inc (who sponsored your H1-B) and leave their employ (by quitting or being fired); you can't work in the US on the H1-B Visa obtained for you by Genius, Inc.

If Creative Genius, Inc. offered you employment (which they won't do), they'd have to sponsor you for another H1-B.

In other words, each job you obtain requires a new H1-B to be processed.

But, very few companies are willing to do that these days.

There aren't that many jobs, and there are TOO many potential applicants for the jobs available.

If you're smart, return to your country.

At least it would be very difficult for your current employer to recoup the salary they are demanding you to repay them.

If you did get hired by another company, your current employer would sue you for the contract breach and attach your wages.

You're in a very tight fix, so get out now.

 

[ElleMD]

If I follow you correctly, a company hired you on a H1b, paid you for 4 months but did not have any work for you. They are now seeking to terminate you and asking you pay back the 4 months of salary they paid you for the time you were not working? if this is even remotely the case, you really need to seek the counsel of an immigration attorney. Much of what they want to do is illegal and they do have an obligation to you as well as the sponsor. This is beyond what we can do for you on a message board but do not pay them anything and do talk to an attorney.