Validity of signed offer letter

[publoo]

My employer gave me an offer to join its US branch in July 2010(On L1 visa).Offer has few terms and condition which I accepted and joined its US office. Few months back my manager mentioned that I have to change my official working address as it is not correct in the old offer letter.(but the fact is I have been working on same location since 2010 and continue to work there. In addition old offer letter mentioned that I can work on any location as required by client).Thinking that this is just a formality I request HR to change the address and this process generated a new different offer letter with new terms and condition. My manager or HR never mentioned that change of location will generate a new offer letter. Once new offer letter is generated I do not have option but to accept the offer letter as I am already in US and I do not have any job(As I am in L1 visa so I cannot take up any other job and also my employer can terminate the employment at any time without any notice). So they have trapped me effectively to accept their term.
Now that I have resigned from my employer they insisted that I have act according to the new offer letter. If I do not complete 3 months of notice period I have to pay $XXXXX otherwise they will employ collection agency. These terms were not there in old offer letter.
I question the validity of this new offer letter as my manager and HR trapped me into signing this new offer letter. First of all there is no reason to initiate the change of working address itself. The way offer letter got generated and also the way I am made to accept it.

 

[army judge]

An L1 visa gives YOU little wiggle room, except obedience and compliance as long as you wish to remain in this country (USA).

Your offer letter means NOTHING to the US government.

If you have an issue with the letter, your remedy is to sue yoru employer.

Your employer is bound by US immigration laws, which are changing rapidly.

That L1 visa you possess isn't a right, although your job may be in your homeland, it means NOTHING to the US.

You are nothing but a guest in the US.

Uncle Sam giveth, Uncle Sam taketh, and has no interest in what your employer promised you.

Just so you know, Cognizant and TCS are under scrutiny for ALLEGED abuses surrounding this privilege.

IBM India is also being scrutinized, as they are three major alleged users/abusers of the L1 program.

See the LINK below the QUOTED material.

But, you don't have to stay here, and its highly doubtful that your former employer could collect anything if you return to your (native MOTHER/FATHER HOMELAND) country.

So if you are dissatisfied with your working conditions, don't sign.

If being in the lousy, disgusting USA means that more to you that returning to your wonderful country of birth, make the choice that means more to you.

Frankly, you have no legal leg to stand on in the USA.

You sign, agree, comply, and obey.

Or, you quit and return to your homeland.

 

[army judge]

Some background about the program you are operating under, OP. :dunno:

You have ALL of this, so I suggest you reacquaint yourself with this information. :yes:

The United States L1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years.

Companies operating in the US can apply to the relevant USCIS service center for an L1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years.

There are two types of employees who may be sponsored for USA L1 visas:

Managers/Executives

The legal definition of management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L1A visa, initially for a three year period extendible in two year increments to a maximum of seven years.

Specialized Knowledge Staff

This category covers those with knowledge of the company's products/services, research, systems, proprietary techniques, management, or procedures. Staff in this category are issued an L1B visa, initially for three years extendible to a maximum of five years.

On completing the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.

http://www.workpermit.com/us/us_l1.htm

http://www.thehindu.com/business/Ec...1-visa-rules-to-curb-fraud/article5113166.ece

http://www.nolo.com/legal-encyclope...ny-transferee-visa-the-us-do-you-qualify.html

 

[publoo]

My employer has trapped me into generating and signing this offer letter in name of changing the work location.(but the fact is I have been working on same location since 2010 and continue to work there with same client. In addition old offer letter mentioned that I can work on any location as required by client). There is no reason to generate a new offer letter at all.I have to sign the new offer letter as I have no option.
Is it correct to use such a means to trap somebody to sign any document?
Now that I have resigned they are demanding $XXXXX and has handed over the case to collection agency as per the terms of new offer letter.
Now collection agency have started calling me. Is this correct? Is there any legal obligation on my side?
Secondly I have changed the status of my visa from L1 to H1 B with another employer and is now working with them. So I plan to stay some more time in US.

 

[Betty3]

You could run the new offer letter by an attorney just to see what he/she has to say.

 

[army judge]

My employer has trapped me into generating and signing this offer letter in name of changing the work location.(but the fact is I have been working on same location since 2010 and continue to work there with same client. In addition old offer letter mentioned that I can work on any location as required by client). There is no reason to generate a new offer letter at all.I have to sign the new offer letter as I have no option.
Is it correct to use such a means to trap somebody to sign any document?
Now that I have resigned they are demanding $XXXXX and has handed over the case to collection agency as per the terms of new offer letter.
Now collection agency have started calling me. Is this correct? Is there any legal obligation on my side?
Secondly I have changed the status of my visa from L1 to H1 B with another employer and is now working with them. So I plan to stay some more time in US.

You are under NO legal obligation to respond to a debt collector.

The debt collector will either go away, or sue you.

You haven't lived until you've been sued.

Most debt collectors are reluctant to sue, they'd rather extort the money out of you, its easier.

So, if I were you, I wouldn't do anything until I'm sued.

If I were sued, I'd defend.

Your case seems like one that offers you several defenses.

Will you prevail?

No one can say, as lawyers NEVER promise specific outcomes.

That said, if you wish, you can make an offer, but get their response in writing.

For example, if they want to extort $20,000, you could offer to settle for $5,000.

If they accept, make sure it is detailed in writing and signed by authorized parties.

Bottom line, their demand has no legal standing.

Only a judge can issue a judgment, and that occurs ONLY after due process has run its course.