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My situation is little different than most of you. I came to US on H1B thru IBM India. After few years my immigration status got changed and I become US citizen. However, I was still employed with IBM India in the US. When I resigned from IBM in the US, I gave 14 days notice. IBM did NOT ask for $10K, however, I received email from recovery team asking to pay Rs 59000 towards notice period recovery. I resigned in the US and by all means of ethic, I served 14 days notice. I do not owe them a penny. They sent notice thru a law firm in India address asking to pay. They have not given me my experience letter so far either. I know most of you would say Rs59000 is just $1000. which is alot lesser than paying $10,000. and I should pay it. I would have paid the amount If I were resigned by giving 1 days notice period. but lawfully, they can't ask me to pay towards recovery of notice period

Please suggest.


asked in H1B Visa by (120 points)
edited by

1 Answer

0 votes
It is against the law for an employer to make such demands. You mention a recovery team - is this a team of lawyers? You should send a note to their US HR department, stating that you have intent to publicize their demand to newspapers if IBM doesn't cease and desist from extortionist demands.
answered by (76.7k points)
Thanks for your suggestion  Dr. Shankar. Recovery team is either an internal department or may be outsourced to Company. Initially for few weeks Recovery team was keep sending me email to pay the amount. When I did not reply to them I guess they escalated it to collection dept.  (a law firm) " Marcos & co" from Bangalore. This law firm has sent notice at indian address thru speed post.

What should be my next course of action if sending note to US HR department does not help?