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  #1 (permalink)  
Old 04-25-2015, 08:40 AM
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Default Not joining a desi consultancy after H1 Transfer

Hi,

I had an offer from a desi consultancy client, they under the pretext of H1B Transfer got me sign an offer letter. The H1B petition is approved but I am not confident to join the company.

Can they sue me for not joining them ?

Is offer letter/agreement binding even if I have not joined them ?

The reason I am not joining is because they quoted 70$/hr rate & the offer letter stated 75000$ as my salary, I have been promised that I will be paid according to the LCA ie. 75000$ year & the remainder amount would be a bonus every 3 months which doesn't seem fair.

Please let me know asap as they are threatening to sue me in court for loss of business and company reputation.

Does it make sense as I am not a part of their business/company unless they hire me ?
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Old 04-25-2015, 11:03 AM
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The acceptance of letter means nothing. You have rights and you can change your mind at anytime. By signing or accepting job offer means nothing. You can tell this company to screw themselves. Tell them that you will be forced to file a lawsuit on them if they harass you and cause mental torture. Obviously you are scared. Desi employers are like dogs. If they sense that you are scared of the word "lawsuit" and will intimidate you more. They actually cannot file a lawsuit on you. Tell them to never call you and tell them that you will see them in court and they will stop bothering you. If you give in and join them now, you will regret that for rest of your life.
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  #3 (permalink)  
Old 04-25-2015, 11:19 PM
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Default As if you don't know what to do...

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Originally Posted by zapper320 View Post
Hi,

I had an offer from a desi consultancy client, they under the pretext of H1B Transfer got me sign an offer letter. The H1B petition is approved but I am not confident to join the company.

Can they sue me for not joining them ?

Is offer letter/agreement binding even if I have not joined them ?

The reason I am not joining is because they quoted 70$/hr rate & the offer letter stated 75000$ as my salary, I have been promised that I will be paid according to the LCA ie. 75000$ year & the remainder amount would be a bonus every 3 months which doesn't seem fair.

Please let me know asap as they are threatening to sue me in court for loss of business and company reputation.

Does it make sense as I am not a part of their business/company unless they hire me ?
Experts like you are the real ASSEtS to any organization in the world. The consulting company suing you for what? your kidneys ? Definitely not your brain. Because if you had any grey matter you would have given a thought it yourself before coming to this forum and posting.
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Old 04-26-2015, 01:27 AM
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Did not get your answer sir !
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Old 04-26-2015, 05:01 PM
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You signed an offer letter with a potential employer. Now you want to go back on your word. If the consultancy guys are associated with Italian Mafia, your might have to be prepared to lose something. Since you need your head to show off your aesthetic importance, you can either pay off the money or pledge your kidney to them.
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Old 04-26-2015, 07:45 PM
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Quote:
Originally Posted by AceMan View Post
You signed an offer letter with a potential employer. Now you want to go back on your word. If the consultancy guys are associated with Italian Mafia, your might have to be prepared to lose something. Since you need your head to show off your aesthetic importance, you can either pay off the money or pledge your kidney to them.
Thanks
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Old 04-26-2015, 11:17 PM
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Originally Posted by greyhair View Post
The acceptance of letter means nothing. You have rights and you can change your mind at anytime. By signing or accepting job offer means nothing. You can tell this company to screw themselves. Tell them that you will be forced to file a lawsuit on them if they harass you and cause mental torture. Obviously you are scared. Desi employers are like dogs. If they sense that you are scared of the word "lawsuit" and will intimidate you more. They actually cannot file a lawsuit on you. Tell them to never call you and tell them that you will see them in court and they will stop bothering you. If you give in and join them now, you will regret that for rest of your life.
100% Agreed. Don't entertain them if you are not sure.

On a separate note - companies who talks about hourly rate does all these kind of manipulations. It's usual. They won't even pay you if the client doesn't keep you. It's all driven by how you manage your client and if they make money from you.

It doesn't hurt to join them and work for few months. If they don't keep up with their promise, you can always find a new employer.
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  #8 (permalink)  
Old 04-27-2015, 11:17 AM
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Originally Posted by i_my_Voice View Post
100% Agreed. Don't entertain them if you are not sure.

On a separate note - companies who talks about hourly rate does all these kind of manipulations. It's usual. They won't even pay you if the client doesn't keep you. It's all driven by how you manage your client and if they make money from you.

It doesn't hurt to join them and work for few months. If they don't keep up with their promise, you can always find a new employer.
OP is offered a consulting job to get $70 / hour from the end client or the vendor. He may be talking to 1099 contractors instead of W2 contractors and getting his facts mixed up.

Now instead of coming running to the forum with one sided information and crying foul, he should be negotiating with his potential employer and get the facts and figures in writing. Now he colored the potential employer as DESI, which got couple of well intended forum members trying to support him without even analyzing the facts.

$75000 LCA for $70/hour job sounds reasonable on W2 if you are a consultant. In addition bonus amount is offered every 3 months, if the net settlement is 60 days it appears reasonable too. Now it's a job contract offered to you, if you don't like it, haggle about and try reaching a good working point, if not man enough to say I don't like the deal and walk off from it. There is nothing fair or unfair about it.
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