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Job transfer on OPT after lottery selected H1B

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  • Job transfer on OPT after lottery selected H1B

    Hi,
    My OPT started by September 2013 and it will expire in Sept 2014. I joined a company in March 2014 and they provided me sponsorship for H1B with one year contract. The contract says that if leave company before a year or they fire me with any reasonable cause, I will have to pay 5000$ to company. My H1B got selected in lottery without any premium processing and I got confirmation by USCIS one week ago. Two days ago, this company fired me without any notice because they don’t like my work. Although I want to continue with them to fulfill the contract, they don’t want to keep me anymore.
    Now my concerns are-
    1. Should I pay them 5000$ for breach of contract?
    2. What will be the legal procedure to join other company? Do I need to ask other companies to sponsor me?
    3. Do I need to get anything from previous company?

  • #2
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    http://www.desiopt.com/index.php?show_emp=1213
    http://www.desiopt.com/index.php?show_emp=3648
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    http://www.desiopt.com/index.php?show_emp=4297


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    • #3
      Your message was posted as anonymous on Facebook wall- (June 16th)

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      • #4
        For all 1,2 & 3 - Seek attorney's advise immediately.

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        • #5
          No such contract is legal in US! Talk to your attorney and file a complaint against this company (presume this is a consultancy !)

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          • #6
            First change your h1b to someone else and then give a legal notice to this guy through an attorney..

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            • #7
              Contracts are invalid! change your h1 sponsor!

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              • #8
                which state were you working in?

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                • #9
                  what company is it? How come shitty companies like these get their employees H1B selected while legitimate big companies lose out??? Please name the company because this is disgusting practice

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                  • #10
                    Comment the company name let every one know about shitty company so that it would help people from not joining it

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                    • #11
                      Ya I agree with y'all mention the company name and wht course u completed to get job for ur H1 so we can aware everyone of this company

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                      • #12
                        Those contracts are legal .. But most of them are settled out side of court .. As nobody wants to pay Attorney .. Any way in ur case u dont need to pay if company fires u . but do u r h1 transfer as soon as possible before they revoke it ..if they revoke u r h1 before oct 1 u can not transfer after revocation..

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                        • #13
                          your still on opt till oct once approved transfer to good employer.

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                          • #14
                            Just tell to your employer that You will not going to pay any single penny also tell them You are going to file a complaint in Department of Labor against them for forcefully working with them....Once you will give them warning the will not do anything because if DOL will get a complaint then they will be screwed up...!!!

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                            • #15
                              From what i know, when a company sponser h1, it is their responsibilty...they can on no pretext charge u for h1 costs...secondly, no such contracts r valid in us...i will suggest u to just sit quiet...dnt reply at all...it wnt go on ur social scurity recrds...also if u reply to them they will keep pressurising u and it will give u mental stress...so best is nt to reply at all andthey will stop it eventually...

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