An H-1B worker’s company transfer has turned into a financial nightmare because of a shady employer contract.
The international worker recently shared his ordeal, claiming he received a job offer from a New Jersey-based consultancy that is now demanding $20,000 after he withdrew from the role before joining.
According to his account, the consultancy asked him to sign an employment agreement before filing his H-1B transfer. The clause clearly stated that if he failed to start work on the agreed date, he would pay “up to $20,000” for any damages incurred.
The worker signed the contract just so the company could proceed with his H-1B filing. Even though the transfer was filed in premium processing, things didn’t go as planned.
The US Citizenship and Immigration Services (USCIS) issued a Request for Evidence within 11 business days. The consultancy allegedly took nearly two weeks to respond and did not share the RFE notice with the worker despite repeated requests.
After the employer finally submitted the response, approval came in just about eight days, almost two months after the filing.
However, the worker now claims that due to “unseen circumstances,” he withdrew from the offer before officially joining. As a result, the consultancy is demanding $20,000 as “liquidated damages” from the worker and even threatens legal action in the New Jersey court if it is not paid.
The worker claims he never received any joining bonus or advance payment. He further states that no damages were incurred by the employer that he needed to compensate for.
The legal grounds remain shaky for this employee. The delay in responding to the RFE for two weeks without giving any proper reason could be a major reason behind the worker eventually quitting his job.
Nonetheless, only the details of the contract can decide what the future holds for this H-1B employee. In a dire job market, professionals shouldn’t fall into such traps just out of desperation. Such shady legal contracts should be consulted with a lawyer before signing.
