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Analysis Discussion This forum is used to analyze, predict, track and share the information about the progress of visa dates, visa bulletin and application status of individual cases.

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  #1 (permalink)  
Old 05-09-2013, 05:10 PM
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Default Regd my employer filing case against me. Mahindra Satyam

Hi Folks,

I have read many posts over internet and I have never found a single post stating Satyam has filed a case over its employee for breaching its h1 agreement.

Can any one of you please let me know if you personally or your friends who worked for mahindra satyam or any acquaintances has faced the issue of filing of a court case for H1b agreement breach.

Any response to this are appreciated.
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  #2 (permalink)  
Old 05-09-2013, 05:42 PM
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Default Let Him

Why are you worried?
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  #3 (permalink)  
Old 05-09-2013, 06:05 PM
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I work for satyam and now im worried as my employer has asked me to sign an agreement for $25000 before coming to US.. I want to switch companies..
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Old 05-10-2013, 09:29 AM
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I have breached the agreement for an employer and he did threaten me but he couldn't do anything because this type of agreements are considered "Bonded labor" in USA.
The same thing happened to my friend for different company.
This is not India and they can't do anything. Don't worry.
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  #5 (permalink)  
Old 05-10-2013, 01:17 PM
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Agreement signed in India is not enforceable in US.
Its just threatening. Also, what katta said is right.
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  #6 (permalink)  
Old 05-10-2013, 02:03 PM
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Default Contract

$25,000 for How may years of contract?

Quote:
Originally Posted by sunnydevadasu88 View Post
I work for satyam and now im worried as my employer has asked me to sign an agreement for $25000 before coming to US.. I want to switch companies..
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  #7 (permalink)  
Old 05-10-2013, 02:35 PM
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Agreement signed in India is not enforceable in US.
Its just threatening. Also, what katta said is right.
Not right. These are enforceable in US. However, the question is what the agreement says. If the agreement is for Liquidated Damages (LD) , it is very much enforceable. If it is for H1 fees reimbursement, it cannot be enforced.

Even for LD , there are specific conditions like amount will get reduced over a period of time etc. OP, if you are concerned, get the contract reviewed by a US Labor Attorney (through some friend etc.)
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  #8 (permalink)  
Old 05-10-2013, 02:38 PM
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Originally Posted by sunnydevadasu88 View Post
I work for satyam and now im worried as my employer has asked me to sign an agreement for $25000 before coming to US.. I want to switch companies..
No wonder these companies ask for Bonds. People are planning to switch even before landing (on a visa paid by company, tickets paid by company etc.) . Employer cannot recover Visa cost but they can very well recover cost of flight ticket , cost of initial accomodation and lost business.
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  #9 (permalink)  
Old 05-11-2013, 08:31 PM
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Default

Thanks all for your responses. I appreciate your efforts..

Krishnamunn.. You are right.. the agreement states it is for liquidated damages, that is why im worried. And not sure how I could get through this..

I am also wondering if the company can come to a settlement on request.. because 25000 dollars is a very huge amount, even if I work here for six months, I dont think I could save that..
When presented in court of Law can we ask about the agreement amount negotiation.. because that seems to be too high??
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  #10 (permalink)  
Old 05-11-2013, 08:35 PM
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Default

Gulute, the agreement is not for any stipulated period.. it states in my term in US.. I shall not switch employer, change my visa status, Should go back to india or any other location as the company is bearing my H1.. in case if i breach the agreement.. as liquidated damages.. I should pay an amount of $25000 which I felt ridiculously high..

I should also get to know one more thing about this.. Will the company come to a settlement to some lesser amount and releases my Experience letter.

thanks again Gulute..for your response..
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  #11 (permalink)  
Old 05-12-2013, 05:37 PM
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sunil9911 is infamous around these parts sunil9911 is infamous around these parts sunil9911 is infamous around these parts sunil9911 is infamous around these parts sunil9911 is infamous around these parts sunil9911 is infamous around these parts sunil9911 is infamous around these parts sunil9911 is infamous around these parts sunil9911 is infamous around these parts sunil9911 is infamous around these parts sunil9911 is infamous around these parts
Smile What a great personality

You are a god father,we got to learn from you at lot. Even before coming to US you are thinking about changing employer. Even our ex CM Chandrababu has to learn from you how to backstab.
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  #12 (permalink)  
Old 05-12-2013, 06:48 PM
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Default Never love your company Sunil!!

Sunil9911.. You must be knowing this from before.. but let me tell you again..

Never love your Company, It is not going to love you back!!

You are paid for what you are doing and you are praised for the work well done.. Once you commit a mistake and find your self in a mess..Company would first try to find a way dumping you, irrespective of all the things which you have done for the project..

Sleepless nights working in office for the project production deployment.. having dinner at the desk because you cant spare 10 minutes walking to the cafeteria.. Many broken promises to your love, parents and friends just because you have to meet the deadline irrespective of personal life..

All the above comes no where when you are a burden to the company.. Just make sure use your choice to take a step ahead and move on with your life.. If you leave the company, someone will back up your project for the work you do.. despite the fact that if you leave this opportunity you would rather not find a backup for the rest of your life..
instead of regretting later.. better think ahead and make the right choice..

Did not want to hurt your feelings..but wanted to tell you my grief.. Hope you understand my friend!!
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  #13 (permalink)  
Old 05-12-2013, 10:02 PM
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Quote:
Originally Posted by sunil9911 View Post
You are a god father,we got to learn from you at lot. Even before coming to US you are thinking about changing employer. Even our ex CM Chandrababu has to learn from you how to backstab.
Backstabbing a company? That "might" be apply to only a few companies that we can count on fingers. Rare to find such breed.

But not to many Indian MNCs. Do you know the kind of abuses they do when they bring people on H1? Just need to open your wide to realize that.
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  #14 (permalink)  
Old 05-12-2013, 10:05 PM
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Default

Quote:
Originally Posted by sunnydevadasu88 View Post
sunil9911.. You must be knowing this from before.. But let me tell you again..

Never love your company, it is not going to love you back!!

You are paid for what you are doing and you are praised for the work well done.. Once you commit a mistake and find your self in a mess..company would first try to find a way dumping you, irrespective of all the things which you have done for the project..

Sleepless nights working in office for the project production deployment.. Having dinner at the desk because you cant spare 10 minutes walking to the cafeteria.. Many broken promises to your love, parents and friends just because you have to meet the deadline irrespective of personal life..

All the above comes no where when you are a burden to the company.. Just make sure use your choice to take a step ahead and move on with your life.. If you leave the company, someone will back up your project for the work you do.. Despite the fact that if you leave this opportunity you would rather not find a backup for the rest of your life..
Instead of regretting later.. Better think ahead and make the right choice..

Did not want to hurt your feelings..but wanted to tell you my grief.. Hope you understand my friend!!
+100
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  #15 (permalink)  
Old 05-12-2013, 11:33 PM
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Default

Quote:
Originally Posted by spicy_guy View Post
Backstabbing a company? That "might" be apply to only a few companies that we can count on fingers. Rare to find such breed.

But not to many Indian MNCs. Do you know the kind of abuses they do when they bring people on H1? Just need to open your wide to realize that.
While I agree they take advantage of employees (abuse is not the right word), the question is , why do you want to come through a company which will take advantage of you? When you plan to switch after landing , it means, you are taking advantage of them. Is that right ?

I do not mind someone quitting after (say) one year. But planning for it even before boarding the plane ......
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