Urgent Please advice

Old Apr 26th 2004, 6:02 pm
  #1  
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Default Urgent Please advice

Hi,

I am a citizen of India and have come to US on a B1 visa sponsored by my company for training. I have a B1/B2 visa, valid from 10 Mar' 2004 till 8 Mar 2014 (Multiple entry) and the I-94 for this visit is valid till Jun 20th 2004. After coming here I married a H1B holder and wish to stay back. Which is a violation of my employment service ageement.

This intention of mine is viewed by my employer seriously and suitable legal action is initiated against me including recovery of expenditure incurred by the company besides liquidated damages as per the terms of service agreement and also informing American embassy for forfeiture of my visa, passport and blacklisting of my name.

Can my Indian Employer black list my passport here in USA and is it going to effect my convertion B1 to H4 or H1. Kindly suugest the best way to handle.

Thanks and Regards

Neelima
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Old Apr 28th 2004, 3:56 am
  #2  
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Default Re: Urgent Please advice

On Mon, 26 Apr 2004 18:02:10 +0000, Neelima wrote:


    > Hi,
    >
    > I am a citizen of India and have come to US on a B1 visa sponsored by my
    > company for training. I have a B1/B2 visa, valid from 10 Mar' 2004 till
    > 8 Mar 2014 (Multiple entry) and the I-94 for this visit is valid till
    > Jun 20th 2004. After coming here I married a H1B holder and wish to stay
    > back. Which is a violation of my employment service ageement.

In terms of immigration law, not a problem. Hint: maybe it would be easier
if you did return to India, and then applied for an H-4 visa at a US
consulate there? I don't know anything about your employment service
contract, of course.

    > This intention of mine is viewed by my employer seriously and suitable
    > legal action is initiated against me including recovery of expenditure
    > incurred by the company besides liquidated damages as per the terms of
    > service agreement and also informing American embassy for forfeiture of
    > my visa, passport and blacklisting of my name.

Likely, any legal action would have to be brought in India. US courts
can't really enforce an Indian contract. Plus, likely such a contract
would be illegal under US law.

As for contacting the American Embassy, that's just posturing. They can't
do any of that.

    > Can my Indian Employer
    > black list my passport here in USA and is it going to effect my
    > convertion B1 to H4 or H1. Kindly suugest the best way to handle.

I see two options:

- if your contract just requires you to return to India, you could just
comply. Then quit the job, apply for an H-4 visa, and return to the USA.
Of course, the employer may still try to sue you, and if Indian courts
comply, may succeed.

- ignore their threats. If they have a good case under Indian law, it may
be difficult for you to travel in the future, though.

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Old Apr 29th 2004, 9:49 am
  #3  
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sbasak is an unknown quantity at this point
Default Re: Urgent Please advice

Could you just name the Indian company? I know lot of Indian IT companies force employees to sign bonds before going abroad. If your company is known to me, I can give you some advice.
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