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I need you help for promissory note for PROMISSORY NOTE I am…

Customer Question
I need you help...

I need you help for promissory note for PROMISSORY NOTE I am H1b employee and planning to switch to other company

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

For Liquidated Damages

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

For h1 b visa this is not applicable for me right

Submitted: 8 months ago.Category: Immigration Law
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Answered in 5 minutes by:
11/14/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,779
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

Can you explain your question a little better please? It is not clear.

Is this a part of your previous contract? Where is it you are getting promissory note from?

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Customer reply replied 8 months ago
Hi
Customer reply replied 8 months ago
If the Employee terminates the contract or is terminated for cause, within 06 months of the grant of work
permit, then the Liquidated Damages shall be a maximum of an amount of US$ XXXX;
If the Employee terminates the contract or is terminated for cause, between 06 months and 12 months of
the grant of work permit, then the Liquidated Damages shall be a maximum of ammount.
Customer reply replied 8 months ago
PROMISSORY NOTE for H1 B employee
Customer reply replied 8 months ago
I got the promissory note in A4 format from my company..
Customer reply replied 8 months ago
I got the promissory note in A4 format from my company.
Customer reply replied 8 months ago
Can you please confirm this valid or not for H1 B visa employee
Customer reply replied 8 months ago
please ans my question
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

Yes this may be considered a valid clause in your employment contract for you as an H1B employee.

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Customer reply replied 8 months ago
have seen agreement clause. you mean say that I need to pay amount ..
Customer reply replied 8 months ago
As per USCIS , There is no clause ..employee can switch to any employer.
Customer reply replied 8 months ago
I checked with other Attorney. Liquidated Damages does not come for an h1b visa.h1 employee can open to switch any company..
Customer reply replied 8 months ago
If I am not paying what will happen. what will charge if i pay after file court ...
Customer reply replied 8 months ago
I signed promissory note and that time promised me long term location and your based location would chicago ..but now they forced fully told me to move to Florida otherwise they will terminate be immediatly .
Customer reply replied 8 months ago
Have seen the format of agreement ..
Customer reply replied 8 months ago
One more thing I would like to mentioned . I did not sent any hard copy for promissroy note to employer .as a part joining i signed this agreement . Please take a look attached format and let me know if it is really applicable for H1 B fees damage charge . As per the law they should not change any damage liquidity for H1B employee . H1 B employee can frequently chnage the company
Customer reply replied 8 months ago
It seems to under india law and Chennai location india ... amount is different
Customer reply replied 8 months ago
Can you please reply me ASAP
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

If they sue you over the clause, you will need to get an attorney to argue that your employer did not follow through with their part of the agreement.

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Customer reply replied 8 months ago
I have already completed 7 months. as per the promissory note, they mentioned about 1 years .
Customer reply replied 8 months ago
have you seen attached agreement clause
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

Yes, I have seen it. They may be able to enforce the clause.

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Customer reply replied 8 months ago
Lets if I am not paying at the time of quit. what they will do .
In later we need to pay additional pay after court notice or somethig
Customer reply replied 8 months ago
Please respond me ASAP
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

I'm sorry I cannot assist you with this. I will opt out.

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Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 8 months ago
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 125,785
Experience: Immigration Law Expert
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR, as your previous contributor left.

In the case of employment contracts with H-1B employees, such liquidated damages clauses are generally not allowed, because H-1B employees may not have penalties imposed on them for leaving their sponsoring employer.

Furthermore, under immigration law H-1B employees cannot be held liable to their employers for the employer’s normal business expenses, in the event that the employee leaves the sponsoring employer. Liquidated damages clauses seeking recovery for such expenses are unenforceable and may also carry harsh penalties and punishment from the U.S. Department of Labor, including penalty fines of up to $1,000 for each violation – even if there is only attempted (that is, unsuccessful) enforcement of such a prohibited clause – and a company-wide investigation. (See 8 U.S.C. §1182(n)(2)(C)(vi)).

Thus, you cannot have such liquidated damages clauses for an H1b employee leaving, BUT if the H1b employee breaches the contract they may be liable for other damages associated with you breaching the contract.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
Can you please take a look attached file and let me know if this is applicable to me. I am planning to resign this company because the company did false commitment. They hired me for Chicago location and after that they told me that you have to relocate to other location otherwise we will fire you ..
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 8 months ago

Thank you for your reply.

In the US and under US law it is not enforceable, BUT this says it is under India law and under India law, it IS ENFORCEABLE.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
BUT this says it is under India law and under India law, it IS ENFORCEABLE, but I am not in India and even I did not provide any guaranteer who lives in India. Please suggest me should I negotiate amount from them or leave without pay any damage liquidity from my current company .
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 8 months ago

Thank you for your reply.

YES, that is what I am trying to tell you. When parties enter into contracts they can specify the law that applies. So even if you are not in India, if the contract says that India law applies, then that is the law that applies to the contract, even if you are in the US right now. Under India law it is legal.

I would negotiate your leaving with them, because they can pursue you under that agreement in India and in India you would be liable to pay the damages.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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