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

[Chicken7585 36]

Just now, Boiler said:

On what basis could you take this job offer?

I have been working on an H-1B visa for over 10 years and my company closed down. I would be taking up another job based on them making an H-1b petition on my behalf. 

[Chicken7585 36]

16 minutes ago, WeGuyGal said:

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

From the AOS posts it appears EAD timeline is taking much more than 90 days. My EAD estimate is currently between  April 22, 2018 and May 4, 2018* based on VJ’s estimates. I don’t really want to sit around since I’ve been out of work for two months already. Would you?

 

My intention was to ask this forum if the language in the offer letter was standard in these sort of H-1b jobs. My understanding now is that it isn’t.

Edited March 9, 2018 by Chicken7585

[Boiler 46,274]

7 minutes ago, Chicken7585 said:

I have been working on an H-1B visa for over 10 years and my company closed down. I would be taking up another job based on them making an H-1b petition on my behalf. 

Does. Of sound like a non profit employer.

[Mr_B 3]

Such clause would imho only be reasonable if there's a penalty when YOU resign, but to get fired for performance and then having to pay, no way. 

They could perfectly legally employ you for 12 months, kick you out and recover their costs. 

 

Of course, if you're really eager to work and live in the US and this type of arrangement is your only shot at it, only you can answer if this is a risk worth taking.

At the very least, I would ask if you could talk to future colleagues who have done the same as you and have been employed for longer than 2 years.

If they can't do that, run as fast as you can.

[Boiler 46,274]

Should not reply on a phone but does not sound like a non profit so this is not going to happen anytime soon so what is the point?