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Employement Agreement issue 2969

These respondents do not know prevalent business practices among bodyshops.

12 months is a std time which the bodyshop expects mainpower to stay for esp if they have been shipped from India. Most people leave by mutual consent -but since you haven't and since you are joining a company where the employer has placed you instead of a 3rd party, see if you can settle it amicably by telling him that you want the job, but have no problems if he can extract something from the company offering the job. In the worst case, find yourself another employer and tell him if he cannot settle the issue -you would like to resign. Don't expect too much from the courts coz they haven't been setup for your welfare. Actually, the laws have been created from the ground up to extract max from the h1b worker -regardless of whom it benefits.

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upto this point -you should be able to get away by paying approx $6000. H1b fees amount to about $3000 and max $3000 for flight + 2 weeks stay if he provided that.

Employement Agreement issue 2970
snip.. File a complaint with DOL against company A for H1-B visa fraud and failure to pay wages. Company A swore on their LCA application filed with the DOL that they had...

this is where the problem lies. You used the employer's contacts to get yourself the other job within 12 months. Generally, if you are utilizing employer's business contacts to land yourself a job -he is enbreastled to some benefit from it irrespective of whether the offer letter says so or not. One H1b I knew was in the same situation and his american employer told him -leave it to us, our attorney will take care of it. If your employer can take care of this suit -that is the best way to fix the problem.

I would advise you against getting into a legal confrontation directly. If the employer takes care of it -that is a different issue. If it is about H1b on restrictued rights vs US citizen, the courts will likely favour the US citizen. Even the legal framework favours everybody -right from bodyshops to landlords to employers rather than the H1b. Further, according to the H1b law -employer can get your visa cancelled thus preventing a transfer of visa and if that happens, you have 24 hours to leave the country before they shove you out.

regards -kamal

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Employement Agreement issue 2970

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