The legal contract with consultants applying H1B visa

Hi Everybody

I am coming across some consultants who are ready to file H1B for me. All of them are genuine as I can see them in your "H1B Visa Sponsors Search" section.



All of them are asking for some money in advance as security, but they are saying that there will also be a legal contract that I have to serve this company for atleast 2 years. So here comes the questions:



1. How serious these contracts are? I mean it is some penalty from money side e.g. some $10k I have pay if I breach or how worse they can be (imprisonment  ???).



2. If I get the H1B stamping done, but for some reason I don't go to US to join the job, how long this visa is valid. Is it also possible that I can apply for some other company at US saying I have H1b visa and if selected, travel to US and work with them directly.



Any help is highly appreciable.

The seriousness of contracts depends on the company, actual verbiage in the contract and if you are signing a paper contract.

Best option would be to gain their confidence by saying that you will work for them for 1 year and get away without actually signing anything. 2 yrs is a stretch and I would advise against getting into such contracts (written or oral)

Ok. Good Thought.

Do you have information about my 2nd question also:

If I get the H1B stamping done, but for some reason I don’t go to US to join the job, how long this visa is valid. Is it also possible that I can apply for some other company at US saying I have H1b visa and if selected, travel to US and work with them directly.

If yes, Please share that also.

#1. These contracts are put into place because the company does not want you to leave after the effort that goes into an H-1B. The contract however cannot be upheld in a court of law in the United States even if they show you have signed it. No company can guarantee you job satisfaction and therefore cannot bind you to such papers

#2. Everyone has this question. Seems simple but it is not. This is because the end client does not have knowledge of H-1B processes as much as your consultant company has. Your labor has been contracted to Company X by your H-1B sponsor (contractor). Company X cannot bypass the primary contractor and hire you without some legal fallout for this breach of ethics

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu

1 Like

Hi Sankar,

As per your reply in The legal contract with consultants applying H1B visa, I am in similar situation, my employer asked me sign a contract for 3000hrs, now I completed around 2600 hrs now i got a new full-time job and my h1b transfer got approved, but they are a showing the paper which I signed earlier, and they have my h1b original copy I only have a soft copy, suggestions will be appreciated

Thanks,
Suhas