H1b worker wants to resign and get another employer

[Alibata]

My wife is working as a Therapist in NC with h1b status. She wants to leave the company and seek another employer because of different problems that she encountered in the past few months but she can't do anything because of the following reasons:

1. She signed a contract with a promisory note stated that she will pay the amount of $30,000 plus lawyers/legal fees if she break the contract or leave within 3 years.

Q: Is it really possible that they they can make more than $30k if my wife resigned or break the contract although base on our calculations, all expenses paid by her employer like h1b filing, airfare, hotel accommodations, signing bonus etc are less than $10k?

Q: The contract was signed in the Philippines, only orientation booklet signed here, is it valid?

2. The contract says: " The company will file an application for permanent residence upon request of the healthcare Professional after the healthcare professional completes a minimum of 12 months employment with the company.

Q: Her 13Th month in company was last June and she already gave her request and yet she received excuses and we heard that her company has a history of not filling of permanent visa with other employees so if she wants to resign seek another company because they didn't file, did they breach the contract? When can we take actions?

Q: The employer is based in Florida b

[Alibata]

My wife is working as a Therapist in NC with h1b status. She wants to leave the company and seek another employer because of different problems that she encountered in the past few months but she can't do anything because of the following reasons:

1. She signed a contract with a promisory note stated that she will pay the amount of $30,000 plus lawyers/legal fees if she break the contract or leave within 3 years.

Q: Is it really possible that they they can make more than $30k if my wife resigned or break the contract although base on our calculations, all expenses paid by her employer like h1b filing, airfare, hotel accommodations, signing bonus etc are less than $10k?

Q: The contract was signed in the Philippines, only orientation booklet signed here, is it valid?

2. The contract says: " The company will file an application for permanent residence upon request of the healthcare Professional after the healthcare professional completes a minimum of 12 months employment with the company.

Q: Her 13Th month in company was last June and she already gave her request and yet she received excuses and we heard that her company has a history of not filling of permanent visa with other employees so if she wants to resign seek another company because they didn't file, did they breach the contract? When can we take actions?

Q: The employer is based in Florida but she worked in NC, but the contract says that the contract is governed by state of florida, what state law do we need to follow?

[krishmunn]

Much of your answer depends on exact words of the contract. If it says something like she will need to reimburse for H1 related costs, it is illegal. However, if it is something like relocation cost, training cost etc, company can recover it provided they can prove they actually spent that amount.

[pappu]

Q: The contract was signed in the Philippines, only orientation booklet signed here, is it valid?



Can you explain why something signed in another country governed by the laws of that country is valid in this country as per US laws? Will it also not contradict with 'at will' employment laws of US? Have you spoken with Department of Labor directly yet? What did they tell you?

[Alibata]

Someone told me about the validity of the contract if the contract was not signed here are invalid. My wife was recruited back from our home country with recruiter from that place also. After of interviewed by representative from US and pass, she signed a contract from Philippines We are not sure regarding the validity that's why I asked if its true or not. I just want also to know if even though they my wife has bond, can she leave and resign and transfer to another company? How many months or weeks are allowed?