H1BAlien
Jun 10, 2008, 08:14 PM
Greetings to all,
I have recently put my resignation to my ex-employer A(Small consultancy in NJ) & joined an employer B (Billion $ company).
I had an agreement with my employer A for 18 months to stay. I was in project for 6 months. After that I was on bench for almost 2 months. They did pay me for 1 month, when I was on bench but after that for next 2 weeks they didn't pay me full salary only few hundreds of dollars & within next 2 week I found a full time job & joined them. I have paid them the deposit amount of $2500. They didn't provide me any receipt for that, even upon asking for that. Reply for that was is to just trust the employer A.
As per the LAW I know that if you are not being paid you will be out of status, so I decided to join employer B & be in a status. My H1-B transfer is in process.
Now after resigning, employer A's attorney send me the email asking to pay $20000 as a "LIQUIDATED DAMAGES" within 10 days. It's a huge amount which I am not able to pay them back.
Can some one suggest me where I am standing? I know that I have some positive point to fight with this case. How can I proceed further in this regards? Do I need to reply to the email which I received?
I need to understand what's the meaning of LIQUIDATED DAMAGES? What amount they can ask me to pay back as per LIQUIDATED DAMAGES? Even more do I have any chance to notify DOL about not being paid & asking me to pay back this huge amount? Does my new H1-B transfer gets affected with this issue or not?
I know that I have asked lots of question but I am bit confused how to deal with "US LAW" & get rid of this tensed situation.:confused:
Waiting for your reply,
Thanks in advance.
I have recently put my resignation to my ex-employer A(Small consultancy in NJ) & joined an employer B (Billion $ company).
I had an agreement with my employer A for 18 months to stay. I was in project for 6 months. After that I was on bench for almost 2 months. They did pay me for 1 month, when I was on bench but after that for next 2 weeks they didn't pay me full salary only few hundreds of dollars & within next 2 week I found a full time job & joined them. I have paid them the deposit amount of $2500. They didn't provide me any receipt for that, even upon asking for that. Reply for that was is to just trust the employer A.
As per the LAW I know that if you are not being paid you will be out of status, so I decided to join employer B & be in a status. My H1-B transfer is in process.
Now after resigning, employer A's attorney send me the email asking to pay $20000 as a "LIQUIDATED DAMAGES" within 10 days. It's a huge amount which I am not able to pay them back.
Can some one suggest me where I am standing? I know that I have some positive point to fight with this case. How can I proceed further in this regards? Do I need to reply to the email which I received?
I need to understand what's the meaning of LIQUIDATED DAMAGES? What amount they can ask me to pay back as per LIQUIDATED DAMAGES? Even more do I have any chance to notify DOL about not being paid & asking me to pay back this huge amount? Does my new H1-B transfer gets affected with this issue or not?
I know that I have asked lots of question but I am bit confused how to deal with "US LAW" & get rid of this tensed situation.:confused:
Waiting for your reply,
Thanks in advance.