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  • Change Of Offer Letter

    Hi,

    My company A gave me an offer letter before applying for my H1 in 2006. After the H1 was approved and before starting the job under the new H1 they gave me another offer letter.

    This new offer letter was quite different from the previous one:
    1. The salary was less.
    2. It had clauses like that I would have to pay the company 10K$ if I quit the company within 12 months.
    3. I could not join the client company that I would be working for within 12 months of termination of the client contract.

    I had no choice but to sign the offer letter since the H1 was already approved and I needed the job.

    I was not aware of these clauses in the first place when we applied for H1. I would assume this practice is quite common. I don't think it is a fair ethical practice.

    Has anybody come across this scenario?
    Can I take any legal action against the company?

    Thanks

  • #2
    Hi,

    My company A gave me an offer letter before applying for my H1 in 2006. After the H1 was approved and before starting the job under the new H1 they gave me another offer letter.

    This new offer letter was quite different from the previous one:
    1. The salary was less.
    2. It had clauses like that I would have to pay the company 10K$ if I quit the company within 12 months.
    3. I could not join the client company that I would be working for within 12 months of termination of the client contract.

    I had no choice but to sign the offer letter since the H1 was already approved and I needed the job.

    I was not aware of these clauses in the first place when we applied for H1. I would assume this practice is quite common. I don't think it is a fair ethical practice.

    Has anybody come across this scenario?
    Can I take any legal action against the company?

    Thanks

    Comment


    • #3
      a classic example of H1b fraud...the employer posted a phony LCA, got approval and then changed the rules from behind the scenes. If you feel like shoving up the employer's behind, send this letter to the place where the petition was approved.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Discussion_ID:
        Hi,

        My company A gave me an offer letter before applying for my H1 in 2006. After the H1 was approved and before starting the job under the new H1 they gave me another offer letter.

        This new offer letter was quite different from the previous one:
        1. The salary was less.
        2. It had clauses like that I would have to pay the company 10K$ if I quit the company within 12 months.
        3. I could not join the client company that I would be working for within 12 months of termination of the client contract.

        I had no choice but to sign the offer letter since the H1 was already approved and I needed the job.

        I was not aware of these clauses in the first place when we applied for H1. I would assume this practice is quite common. I don't think it is a fair ethical practice.

        Has anybody come across this scenario?
        Can I take any legal action against the company?

        Thanks </div></BLOCKQUOTE>
        This is common for H1b visa holders. The #10k represent the legal costs and risk valuation in case you do leave; and the promise not to compete clause is generally standard with H1b visa holders in case your status changes to permanent resident. What the company does not want you to do is to start with the company and after about a year or less, move to a new company because you had your H visa status changed due to marriage. I know you think it is not fair, but look from the employer's standpoint.

        Whether it is ethical or not depends on whether the company knew of the risks involved for the H visa program.
        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

        Comment



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