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 a PAID position waiting for you, when in fact they had lied. (Same goes for INS forms. Multiple counts of fraud and lying on federal applications. )

"Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date."

Exception for "Liquidated damages" claim .. Usually a nop in labor contracts. Especially since they had no position for you initially and didn't pay you. I.E. They can't claim any visa and-or related marketing expenses.

"When violations are found, the Administrator of the Wage and Hour Division may buttess civil money penalties with maximums ranging from $1,000 to $35,000 per violation, depending on the type and severity of the violation. The Administrator may also impose other remedies, including payment of back wages."

1-866-4-US-WAGE.

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Second get a good labor lawyer(to handle their lawsuit).. Unclean hands and contract's signed under duress are both excellent defenses against these types of lawsuits.

Don't forget to file a counter claim(in court) for ALL of the missing wages they promised on the LCA. P.S. It was Company A's duty to release the H1-B visa if they had no position for you. Thusly, they owe you full wages up to the point you left the company A's employment.