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Urgent Help Needed.... About H1-B


Ram Harish

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I'm on H1B, Satyam is holding my H1B. Came to USA recently on a project in Cincinnati, OH.[/size][/font]
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Before coming to USA, my company has asked me to sign on offer latter which states, I cannot resign in USA and in case of resignation in USA, I need to pay 25000$ as liquidated damages. The only way I can avoid paying those charges is to go back to my home country and resign. SO if I resign now in US(as I am not liking the work in current project, it's like a torture mentally and physically), should I have to pay all those $25000 or is there a way to avoid paying such a huge amount.[/size][/font]
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My company hasn't mentioned any time period for which I shouldn't resign. It just says I have to come back to home country when ever I want to resign. How can a company with out stating any time period ask the employee to pay for liquidated damages.[/size][/font][font=arial, sans-serif][size=3]
In the offer letter, it is mentioned that in case of conflict, it has to be resolved in Virginia court.[/size][/font]
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Can some one please please help me with this situation, or if you have faced the same situation previously, please guide me, if possible give me your details, will call you.[/size][/font]

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Thank you very much in advance.[/size][/font]

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what i get from your post is that u are liable for $25k in damages if u resign by urself..what if you get fired (just asking ) ? if the company fires you or you lose your job u'll have 60days of time to find a new job and transfer your H1 .... i guess that shut be a sufficient time...

If you think you really can't take the job anymore .. just try to be a rebel and do your work the way you like .. if they are Ok with it then its well and good , If not u'll have 60 days in your hand to find a new job and transfer your H1....

this may not be the best option but that's the best i can suggest looking at your post...

good luck..

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[quote name='donganaaK' timestamp='1336009555' post='1301729594']
what i get from your post is that u are liable for $25k in damages if u resign by urself..what if you get fired (just asking ) ? if the company fires you or you lose your job[b] u'll have 60days of time[/b] to find a new job and transfer your H1 .... i guess that shut be a sufficient time...

If you think you really can't take the job anymore .. just try to be a rebel and do your work the way you like .. if they are Ok with it then its well and good , If not u'll have 60 days in your hand to find a new job and transfer your H1....

this may not be the best option but that's the best i can suggest looking at your post...

good luck..
[/quote]

Those rules may apply only when company doesn't want me... but if I resign voluntarily, then I have to follow those rules which I mentioned above. :(

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you best bet is to schedule an appointment with a lawyer. If you have a copy of the document that you singed with satyam, take it with you and show it to the lawyer. Then the lawyer would be in a better position to tell you if that agreement is valid or not.

Generally speaking, some companies use these kinds of scare tactics to force their employees into working for them even though there is no legal right for them to do so.

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