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on h1b but no job

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nadinek

Member
What is the name of your state (only U.S. law)? NY

I was sponsored by an agency under an H1b visa valid for 3 years. After a few months, the job assignments became few and far betwen. I am now out of assignment. I would like to cancel my visa with the agency but I signed a contract with them stating that if I terminate my contract, I will pay USD15,000.00.

My question - will this fee hold water considering that the agency cannot provide any more work for me? It's been a month already and I am afraid that I cannot survive on my savings any longer.

What options do I have to remain legal?
 


candg918

Member
You need to leave the US. You must be employed and seem to be unemployable in the current economy. You simply cannot stay unless you can abide by the terms of the program.

The amount of the damages for you terminating your contract are unreasonable; it is unlikely that the contract is enforceable but an attorney would need to review it and advise you based on state law.

If you have not been paid for your bench time, you need to file a complaint with the Department of Labor as your H1B employer is required to pay you even if he has not placed you with a client. The DOL will pursue him for you missing wages.
 

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