Urgent:h1 visa holder leaving country without informing employer!

[h4_optimist]

Please help!

One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?

Any valuable suggestion will be highly appreciated.

[memyselfandus]

Employer is trying to scare the employee for reasons they only know.

The maximum they can do as per their control is to fire the employee and revoke the H1B application filed by them.

Her chances of coming back to this country shouldn't be affected in any way. She can always approach another employer who can extend/sponser her H1B for new assignments/projects.

Ask her to relax and attend the family emergencies.

She can come back and work as needed.

[radhay]

He can't withhold the employees pay. That is breaking the law. She did nothing wrong. I would suggest tell the employer that he will be reported to DOL if he doesn't pay. No employer would dare to take chances with DOL now.

[snathan]

Originally Posted by h4_optimist

Please help!

One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?

Any valuable suggestion will be highly appreciated.

This is complete crap....Ask your friend to respond by saying she is going to file complaint to DOL about not paying for two months. They will be in soup. They can not file law suit for leaving without informing the employer. It will cost them in thousands of dollars and in return they will ge only BS. SO dont worry.

1. Ask you friend to find another job
2. Respond to the employer stating you are filing complaint with DOL

Let them taste their own medicine....

[h4_optimist]

thank you all for your reassuring messages..i shall pass on the info to my friend..

[sivananda]

Originally Posted by h4_optimist

Please help!

One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?

Any valuable suggestion will be highly appreciated.

Employer is not the king of the universe. Employer is just an employer. They can not do anything in this case unless your friend messed up something really bad.

Your friend can change the employer if she wants. Good luck.