Work Contract and H-1B

am i obliged to stay within the limites of one job in my place of employment. if my work permit states store man am i obliged to work outside the building ie cleaning car parks?

Your work area includes, the total area that belongs to your employer.

Is there a rule wherein one has to stay with a company for a minimum period of 60 days? I have recently joined a company and they have applied for H-1B transfer. Soon after joining, I learnt that the company may close down. Can I continue looking for another job, and tell potential employers about my situation?

As far as we know, there is no rule stating the minimum period of time with the employer. You can tell your future employers about your current state. But, by doing so, you will be granting them a distinct edge during salary negotiations.

I had posted a question to your web site and was happy to get an early and satisfying response from you. Now, I have another question.

My company shifted me to the US on an H-IB. But it was for a short- term project. They give me a daily allowance and. I get a salary in India. The company has not applied for my SSN no and has not given me any pay stubs. I have already been here in US for 40 days now. Now I want to know: Whether my stay in the US is legal (even though it is for duration of three months). Next time when I come to the US, will I have any problems (with immigration or Consulate) as I do not have an SSN no? Can I sue the company and if yes what are my chances of winning the case?

We would advise you caution till you get a job and get your SSN. If you start proceedings now, your company can terminate your employment. You would be nowhere in a depressed market.

My friend is willing to help me get a part-time job, but he says my company should generate a pay stub of $ 1000 US to save my H-IB status? Is this true?

Please do not accept your friend's advice. According to our legal department, generating false salary slips is a federal offence, wherein you can be jailed for tax fraud and deported. If you generate the salary slip, it must be authentic and valid. Please adhere to the law and refrain from the temptation to do anything illegal.

Is possible to me to find any part time in the US -for a period of 4 to 5 months till IT market rebounds

You cannot work part-time for another employer. You will have to work for the employer who applied for your H-IB visa.

I received my H-1B visa in May '01. On account of the downturn in the US market, my employer has asked me to wait till September 2001 or October 2001. My friend says that if an employee quotes a low salary, it is easy to secure a job. I am ready to work for $2,000 to $3,000 per month. Is this true?

Your friend is misinformed. Companies are laying-off people not on account of high salaries but due to the lack of adequate number of projects. The IT industry is cost-competitive. But our experiences do not validate the experiences of your friends.

Thank you for replying to my earlier query. Can I work part-time, on an H-1B visa?

There are a number of employers in the US who offer part-time positions. Please remember that your H-1B should be in the name of the employer who gives you part time work. You can transfer your current H-1B to your part-time employer. As per the new H-1B law, you could start working with the new employer once the transfer application is made. For further details, you could call 5084528.

I would like to know, can an employee shift from one company to another within a brief span of two months. My company is paying me a very low salary and the employers are extremely unhelpful. As a result, life in the US has become exceedingly difficult for me. I am feeling very stressed. The work contract I entered into with my company has an amortization clause. The clause is however vaguely worded, it does not clearly state the amount or the duration of work. Can I leave my present company for a better option, or will the company threaten me to reclaim the amount?

Technically, if you want to shift jobs, you need to have at least three salary slips. Irrespective of the conditions or the situation, I would recommend that any employee shift jobs only after the INS approves the H-1B application filed by the new employer.

In order to judge your situation better, would you let me know the experience level and the salary you are receiving. Further, let me know your educational background, and the companies you have worked for in India. In short, please provide more details. It would be extremely helpful if you could scan and send the agreements you have signed with your employer. If you leave them without fulfilling your contractual obligations, you could get into trouble.

Please let me know if you have adequate work. Is the company paying you the monies stated in the employment offer letter? If it is doing so, you can get in trouble if you leave without notice.

Feel free to call me at 91-80-2552 9205/2552 9204/2550 0200 if you are in real deep trouble.

I came to the US through a consultant. The appointment letter stated if I leave the company within a year of joining, I would have to pay relocation charges. The amount was, however, not specified. When I reached the US, I was made to sign a contract. As per the terms, the relocation expenses were $5,000. I left the company within nine months. Now, the company has asked me to reimburse relocation expenses. The $5,000 amount exceeds the sum it has spent. The company has sponsored only a one-way ticket to the US and the H-1B visa fee. Is the company’s position legally tenable?

Once you have signed the agreement or the appointment letter, you will have to pay the amount. Please note the costs involved in H-1B fees also include the lawyer’s fee usually between $1,500 and $2,500. In addition, the company would have paid an India-based recruiting company.

We, therefore, think $5,000 is a fair sum of money to pay. If you fail to pay, the company can sue you as you have signed the agreement. We recommend that you negotiate with your company and solve the issue amicably.

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

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