I have signed a Liquidated Damages Agreement with an Employer I haven't started employment with. Am

I am on H1-B visa working for current employer ABC. I found a job with client XYZ, for which an employer PQRS approached me to work for the client XYZ through PQRS. I agreed to it on a condition that I will start to work only after my H1-B petition is approved by USCIS. I have signed a LIQUIDATED DAMAGES AGREEMENT with PQRS which states that in the event of me NOT REPORTING to work or if my employment is terminated by the EMPLOYEE or EMPLOYER before 12 months of employment, for whatever reason, I am liable to pay the employer, an amount of $7500 plus attorney's fees.

I have received an RFE from USCIS, the employer PQRS wants me to start employment at the client XYZ by September 16, 2019, otherwise they would enforce the terms of Liquidated Damages Agreement. I have never refused to work for the client XYZ through PQRS, however, I have stated that, I would start my employment only after I receive Approval of my Work Authorization from USCIS.

0 answers  |  asked Sep 6, 2019 5:54 PM [EST]  |  applies to California