Advice on threatened Liquidated Damages for H-1B employer in offer letter: Not signed offer letter yet

[WeGuyGal 1,052]

Heard of quite a few such 'offers' on various forums; usually a two-way street. Desperate Indian visa seekers jumping from company A to company B to company C in short order, and shady Indian consultancies covering their legal behinds in the somewhat fraudulent processes. The webs that are weaved..

[CEE53147 559]

Have it reviewed by an attorney.

 

However,  it appears that you expect to use the employer to enter the country and look for another position as many of the other employees the employer has sponsored.

 

Do NOT sign any contract you do not expect to abide by.  Find a new employer to file for you. REalize that you may have to go through the lottery again.

[cyclone27 710]

I’ve seen contracts with such for relocation, training and bonuses in my experience. However the reincurring of expenses only occurs if you leave voluntarily over a certain time period (normally a year) and never can be enforced if you were terminated.

[David & Diana R 1,005]

5 hours ago, Chicken7585 said:

Thank you all for your comments and suggestions. This company, as far as I can tell, is not a visa offender. When I talked to the HR people today, they seem to say that this is standard boilerplate because they bring people over from other countries and sometimes after paying all the bills and costs for visa processing, they quit and join another company. They offered no explanation as to how they arrived at the $10K or $25K figures. There was no mention either about how that would diminish over time (you would owe the same "liquidation damages" on Day 2 and 18 months later).

 

This whole experience has given me the creeps.

Wait, so you're asking us for advice and now you are stating how the employer says this is boiler plate stuff?  As if they are going to admit to you that they are scamming you.

[vkrishn 97]

33 minutes ago, David & Zoila said:

Wait, so you're asking us for advice and now you are stating how the employer says this is boiler plate stuff?  As if they are going to admit to you that they are scamming you.

It is boiler plate because outsourcing Indian companies like TCS, CTS, Infosys have these clauses signed by their employees when they are sent here so that they just don't jump ship .  This is also common with in India so that employees don't jump to another company "soon". The money will not be in USD in that case and will be less but still substantial in rupees in India.

 

So its not surprising that they call it as the "standard/default".  Only thing that would vary would be the amount (25K vs 10K and so forth). 

[CheeseMonstah 87]

21 hours ago, Chicken7585 said:

I have received a offer for H-1B employment with an employer where I will be a consultant ultimately working at a local client site. I have not signed the offer letter yet. I have never worked as a "consultant" before - always directly employed by a company. 

 

The following two sections of the offer letter seem bizarre and/or very onerous. Does anyone have experience with working with such a contract? I have told the employer that I have no intention to sign this till I am satisfied with how they have arrived at these numbers.

 

 

 

OP: I'm not an attorney, but I am a hiring manager.

 

A lot of companies have these sort of clauses. They are made to avoid that after spending significant amount of money to bring someone in, they won't just leave for another employer quickly.

 

The wording is strange, but I'm no stranger to this clause. It's similar to when you get a domestic relocation assistance, you promise to pay back the monies if you leave the company before x amount of time.

[WeGuyGal 1,052]

OP admits it's boilerplate.. therefore case closed?

[Chicken7585 36]

4 minutes ago, WeGuyGal said:

OP admits it's boilerplate.. therefore case closed?

I’ve refused to sign an offer letter with these kind of monetary conditions. I expect to receive a response from their HR tomorrow. 

25 minutes ago, CheeseMonstah said:

OP: I'm not an attorney, but I am a hiring manager.

 

A lot of companies have these sort of clauses. They are made to avoid that after spending significant amount of money to bring someone in, they won't just leave for another employer quickly.

 

The wording is strange, but I'm no stranger to this clause. It's similar to when you get a domestic relocation assistance, you promise to pay back the monies if you leave the company before x amount of time.

I live in the US already but my company that was sponsoring my GC laid me off before I got it. There’s no signing bonus, relocation expense or training to speak of. Just the visa costs. 

Edited March 9, 2018 by Chicken7585

[Boiler 45,524]

I am familiar with LAD's, well I've never seen them in an Employment contract, simply do not know how they pan out in the US, I assume a State Law issue, that would not fly in the UK Courts.

[WeGuyGal 1,052]

4 minutes ago, Chicken7585 said:

I live in the US already but my company that was sponsoring my GC laid me off before I got it. There’s no signing bonus, relocation expense or training to speak of. Just the visa costs. 

Perhaps your AOS-based EAD should get to you soon, rendering shady Indian IT consultant's H1b moot. 

[usmsbow 801]

35 minutes ago, WeGuyGal said:

Perhaps your AOS-based EAD should get to you soon, rendering shady Indian IT consultant's H1b moot. 

I don't believe one is eligible for an EAD card when AOS via an employer sponsor. You're "stuck" with your work visa until you receive your green card. 

Edited March 9, 2018 by usmsbow

[SusieQQQ 11,586]

46 minutes ago, Chicken7585 said:

I’ve refused to sign an offer letter with these kind of monetary conditions. I expect to receive a response from their HR tomorrow. 

I live in the US already but my company that was sponsoring my GC laid me off before I got it. There’s no signing bonus, relocation expense or training to speak of. Just the visa costs. 

Your profile says you are filing for a spousal visa?

[Chicken7585 36]

14 minutes ago, SusieQQQ said:

Your profile says you are filing for a spousal visa?

Yes. I have filed for AOS by marriage but have been out of work for two months. Currently the EAD card is taking over 90 days. That would be another 1.5 - 2 months for me to wait to begin working. If I can get a job right now on an H-1B that would really help. 

Edited March 9, 2018 by Chicken7585

[WeGuyGal 1,052]

23 minutes ago, usmsbow said:

I don't believe one is eligible for an EAD card when AOS via an employer sponsor. You're "stuck" with your work visa until you receive your green card. 

You may wanna check OP's other posts. Laid off from job, no sponsor; now married to a USC. 

 

Makes one wonder about the keenness to transfer to a new H1 with an EAD petition in the system.

Edited March 9, 2018 by WeGuyGal

[Boiler 45,524]

1 minute ago, Chicken7585 said:

Yes. I have filed for AOS by marriage but have been out of work for two months. Currently the EAD card is taking over 90 days. That would be another 1.5 - 2 months for me to wait to begin working. 

On what basis could you take this job offer?