I am in a situation that I need advice on. I am under a bond for 2 years with my current company and working on H1 in the US. I have finished less than a year and I am already thinking of moving out. The company has a reputation of not giving experience letters to employees who have left on bad terms even though the two bond years are over. Bad terms could also mean the company wanted an employee to stay back even after the bond period is over and the employee decided to not stay back or even if the employee paid the bond amount but the boss of the company did not want the employee to leave but the employee left anyway. Due to these incidents with my colleagues I am thinking its better to move out right away.
Now if the bond period is violated, the company will initiate legal proceedings against my guarantor in India. Can they do that? Should I complete the bond period and then leave?
Should I wait for them to initiate the GC and then leave?
In any case if I decide to leave earlier, and they don’t give me my experience letter, how should I go about getting my GC ? The company is pretty small, none of the current employees will sign an affidavit supporting my working in that company for the time I was working there.
Please advise on what way I should move forward that I don’t affect my chances of getting a GC filed.
US labor laws protect you and your assets in US. However, I am not sure what action they can take outside US. You should get the bond reviewed by a labor attorney to know all your rights and potholes.
What is your education and work experience?
Having experience letter from this employer becomes very important if you have not done Masters and want to file in EB-2 showing 5 years work experience and need to include this. If you are filing in EB-3 and don’t have this letter, or filing in EB-2 and are already qualified irrespective of this 1 year, then not having experience letter is ok.
I was not given a copy of the bond that my gaurantor and I had to sign. I have BCOM with about 13-14 years experience. No masters degree. I was working in this companies Pune office for a year before I came to the US last year through them. I have a detailed experience letters of the two companies that I worked in India prior to joining this current company. The total experience in those two companies amounts to 6.5 years, but those were while I was working in India. Will this help me to file under EB2 or is an EB3 my only choice ?
So w/o this employer, you would have around 6.5 years of work experience and 3 years B.Com. degree. To me it looks like EB-3, but an attorney would be able to confirm when they look at detailed profile and offered GC position.
I am in talks with another of the companies I worked with before these two companies. The experience letter they give will bump up my total experience to 9.5 years. I am talking about detailed experience letters, some of which mention project names as well. All these detailed experience letters mention technology and responsibilities too. If I take the regular experience letters that only have designations and work duration, I can show 13+ years of experience. Are there instances of such cases turning to EB2? Or do I need to have a masters only? What would be an effective masters program to go for in such a scenario?
When the time arrives your attorney will have to review the offered position and experience letters. They may be able to file it under EB-2 given the number of years of work exp that you have.
They may ask you to get new experience letters in a different format such that it tackles each requirement in the job posting.