Should we need to accept this H1B sponsorship offer?

Hello Experts,

One of the consulting firm in US is offering a job and ready to sponsor H1B visa. However they have following conditions: Would request you to please to suggest best suggestions/guidance/thoughts. And also tell should I go with this offer?

  1. Company is asking to pay $ 3300 as security deposit at the time of documents submission. It mentioned, if petition is not selected in H1B lottery then they will keep $ 1000 and return the remaining security deposit $ 2300. (Deposit needs to be paid either through DD or NEFT)

  2. If selected in lottery, they will return entire security deposit $ 3300 after completion of 1 year with them.

  3. They will offer $ 65000 per annum for 1st six months and next 6 months will give $ 70000. From 2nd year, there would 70-30% ratio.

  4. They are asking to a sign a one year Employment contract (one year will start from the day they start working on a client assignment). If candidate breach one year contract, he needs to pay $ 25000 as a finder’s fee to the company.

Company claimed they will provide the following to the employee:

  1. 50% of the health insurance will be paid by the company, rest 50% needs to taken care by employee.

  2. Company will take care of 1 way ticket from India to US, 2 weeks of hotel stay and car rental. Dependents’ expenses needs to be taken care by employee.

  3. Company will provide US holidays and also 10 days yearly vacation.

  4. Company will initiate Green card processing within the first year of the project.

Would be really great if you could share you thoughts/advice. Should we really trust such companies or need to stay away?

Thanks.

I assume your job location is not specific and will vary depending upon client/project.

  1. How many dependents do you have?
  2. Do they pay salary when on bench?
  3. What happens is petition is selected but denied due to reasons attributed to the employer i.e. no fault of yours?

Hi Saurabh,

Thank you for the quick reply.

Yes. i think so… The location would be as per Client location.

  1. I have wife and a 3 year kid.
    2 & 3 . That has not been clear yet. I need to check with them. (Thats why I am gathering all the information before having a discussion with them)

I am more concerned about $ 25000 (in lie of finders’ fee) contract for one year if we breach.

  1. Do companies ask employee to sign such contracts? And does such contract legal in US?

Thanks.

The company is offering a very basic salary, which may be not sufficient in an expensive area like SF Bay Area where most of the tech industry is located. Given that you have a wife and child, it may further reduce your monthly savings.

The contract they are asking to sign is a standard template used by all consulting companies. By law, companies cannot demand H-1B filing fees from their employees and cannot ask for it during termination. Employment is at will. The company is within its limit to ask for liquidated damages, and they will have to show what their damages are. They cannot pick a number and state it, they have to show it.

You can post the question on avvo along w/ the state the company is located in. One of the attorneys on that site who specializes in labor law, and can further comment whether it is valid or not.

Hi,
I was offered the job with similar details. Should I pay the security deposit and go for the job. Have you paid? and if you have paid what is the outcome of the job offered
Thanks,