Agreement to serve 2 years in lieu of processing H1B visa
2 years ago
I was asked to sign an agreement to serve 2 years in lieu of processing H1B visa, and if I terminated the employment I would have to pay the processing fee. Now I got the approval in the month of OCt 2020 and kept following HR for visa stamping appointment scheduling, but they kept giving excuses about the Corona, then I resigned in April 2021 and when it was just 1 week short in my last working day HR told me to pay 5 lakh rupees for H1B processing fee. If I don't pay the amount they are threatening to not give me experience letter and relieving letter. I had already served 1 year and 7 months to company after the agreement and in between the company changed multiple policy and stalled the salary hikes for past 2 years, this drove me to drop resignation. Now they are neither giving me relieving letter not approving my revoke of resignation. Please help me with an advice in this situation
You can approach the higher authorities via written application also attach such documents which will well explain your condition and then file a lawsuit under the guidance of a legal representative against them.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can approach the higher authorities via written application along with relevant documents and then file a lawsuit under the guidance of a legal representative against them at the earliest.
If you find this response useful then please rate me.
A.Dear Sir,
Under Section 27 of Contract Act such bond is invalid to some extent. You are liable to pay only for the expenses he has spent on your training. You are not bound to serve for two long years if you get another good opportunity. Please read the following.
Section 27 in The Indian Contract Act, 1872
27. Agreement in restraint of trade, void.—Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. —Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void." Exception 1.—Saving of agreement not to carry on business of which goodwill is sold.—One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business.
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