help - H1B-visa - salary not paid

Hi,

I have come to the US on H1-B visa with a consulting firm. When I joined this company in March, I signed an agreement that I would serve the company for 1 year, and not leave them before that. And in case I decide to leave, I would have to give them 1 month's notice and $25000 as expenses. But the company can let me go anytime with a 14 day notice without paying anything extra. Is this kind of agreement enforceable in court?

Also, when I was in India I was told that I would be provided subsidized food and accomodation if I pay them $1000 per month. And I signed an agreement to that effect that i would pay them that amount for the same. But when I came here and joined a client, all my food and accomodation are paid by the client. Do I still have to pay that $1000 since they are actually not providing any subsidized food or accomodation. I have opposed the same and have refused to pay it.

In response to my opposition, the company started threatening that they would block my salary to recover that amount. This month my company has blocked my salary. I have worked for full month but have not received any salary. I am unable to pay for my regular expenses now. Can an employer do that? Can I walk out of the employment agreement on this basis - as it would be difficult to continue for the full agreement (1 yr) period if I'm not paid my salary.

Any inputs would be greatly welcomed.

Help me!!!!

Ramesh

2 answers  |  asked Jul 31, 2004 08:58 AM [EST]  |  applies to Maryland

Answers (2)

Michael Snider
About your case

Your case sounds interesting, please give us a call ASAP, so you can schedule a consultation.
Our office number is 410-415-5671
You can ask for me, siporah, when you call
Thank you

posted by Michael Snider  |  Aug 4, 2004 3:14 PM [EST]
Gwenlynn D'Souza
Not being paid

If you are not being paid, contact the Employment Standard Administration at the Department of Labor. http://www.dol.gov/dol/esa. For other information on immigration-related employment, see http://www.immnet.org/h1tips.html.

posted by Gwenlynn D'Souza  |  Jul 31, 2004 09:23 AM [EST]

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