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Hi Saurabh/Experts,

I am really looking  for some help here.

I recently joined  VA based company B (  7 days before) with H1B change of employer option.

I am working on receipt number which is premium process.

I was working with employer A for 10 years ( 7 years offshore, 3 years USA) and resigned to join company B. Reason for resignation was personal issue. I wanted to work from VA with company A having client office there as well. I was working in CA for company A's client.

I do get constant calls from Employer A requesting ( Polite request) them to join and work from VA.Looks like A's client wish  to have my services and ready for my movement in VA. A is ready to file petition and make me work from VA.

Question : Can I resign from B (Its only 7 days I am working for their client). I have signed aggreement with B. As per that, I am liable to pay $ 6000.
Agreement also says, leaving company B before 12 months will have irreparable damage to company which can't be measured in money.

I am ready to pay $6000 to company B as I am unfair with them. Company B is small consultancy where as A is big MNC.

Can Company B file lawsuit in VA if I am ready to pay liquidity damage. I am mor worried as verbiage in agrrement says damage is more and money wont repair.

I did discuss with  employment lawyer over phone. He said you should be fine if you pay them $6000.

I am more worried about his irreparable damage. I agree, I am unfair with B. But I would like to be with big company which supports in documentations. I never faced RFE with Company A. Company A honored my personal request now.

Company A and B do not share common client. Only thing is City is same and both are IT firms. I think , I am not breaking non compete clause.

Could you please let me know what could be worst situation. I  am ready to pay extra $1225 which company B paid for premium process.

One thing I know is company B do not havee control on my work. All work is being done by vendor and cross vendors at client location. B only hold visa.

Can I make use of this point to prevent lawsuit to breach agreement and resign within month of joining.

Looking for advise and input if someone faced this situation.

in H1B Visa by (610 points)

1 Answer

0 votes
Don't pay anything to consultancies. They all use it as arm twisting techniques to force you to stay with them. They wont go to court spend 1000's on lawyer fee to get the $6000 from you. If you seriously feel troubled, talk to the MNC company attorney on legal aspects of its. Most state laws protect you from being asked to pay.  So the documents don't stand valid in court. Never pay a penny !
by (43.1k points)
Thank you for your reply. I heard liquidity Damages are legal and employer can ask it as long as those are reasonable.

Could you/any one please let me know definition of reasonable.

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