Advice about job offer

[Eric Lemaitre]

Hi all ranchers,

I recently got an offer quite obviously from an Indian bodyshopper in USA.
I already own an H1B valid for still 5 years to come.
Here are in particular 2 paragraphs I dislike:

1.6 Compensation. As the entire compensation for all services rendered to the Corporation during the term of this Agreement, in whatever capacity rendered, Employee shall receive a base salary of $__55,000.00_ per annum, payable in cash to the Employee in installments and on a periodic basis consistent with the Corporation's payroll practices, subject to all lawful deductions. The salary paid to the Employee may be reviewed by the Corporation from time to time and may be amended in such amounts as the Corporation may determine in its sole discretion.

1.9 Termination. Employee acknowledges that the Corporation has incurred substantial costs and expenses in connection with its retention of Employee. Employee acknowledges and agrees that said costs and expenses, exclusive of the ACWIA fee or the fraud and protection fee paid in connection with the H-B1 visa, are reasonably estimated to total $10,000.00. If Employee voluntarily terminates this Agreement within one and half (1 1/2) year of the first day of employment, Employee shall pay to the Corporation a liquidated damage of $10,000.00 to reimburse the Corporation for the expenses and costs (exclusive of the ACWIA fee and the fraud and protection fee in connection with the H-B1 visa) incurred by the Corporation. It is further acknowledged and agreed between the parties that the amount established hereunder as a liquidated damage is reasonable under the circumstances existing at the time of the execution of this Agreement and that said damages are not a penalty.

Before signing anything I would like the advice of other ranchers, in particular the Indian ones, about the probable implication of such offer considering these terms, in particular:
* very low pay (for CA) which could be lowered much anytime and without any reason (check end of 1.6 paragraph)?
* Completely feet and hand tied for one and a half years at least.
* No work time limitation (could be 12 hours a day 7 days a week at a remote area and with no vacation).

As terms are extremely vague I would like some advice before signing anything by ranchers who encountered such similar offer terms.

What is more I would like to know whether applying for a GC (I am French) is still possible with these guys since considering at least the salary this job will look really low-end from immigration point of view?

TIA, best regards.

[Mike Isano]

If it looks like crap and smells like crap it's probably crap.
[ September 01, 2008: Message edited by: Mike Isano ]

[Mike Isano]

The company basically wants endentured servants.

A 10K fee if you quit? Who in their right mind would aggre to that?

[arulk pillai]

It is advisable to get a proper legal advise.

[Eric Lemaitre]

Hi Mike,

If it looks like crap and smells like crap it's probably crap.

In fact I am already decided not to sign, I am rather looking for testimonies their behavior is not as bad in real that in could be in theory considering their terms (which are completely crappy on paper, I agree).
Thanks anyway.

Best regards.

[Eric Lemaitre]

Hi Mike,

The company basically wants endentured servants.

Looks like it on paper, but in real?

A 10K fee if you quit? Who in their right mind would aggre to that?

Even if this clear abuse, someone who desperately wants to go to US as a new H1B candidate could agree, since it has become so extremely difficult to get a labor visa nowadays.

In my case I already have an H1B, and transfer cost is less than $4,000 so it is clearly unacceptable, but for a new H1B it could be worth it.

Best regards.

[Eric Lemaitre]

Hi arulk,

It is advisable to get a proper legal advise.

I already did but my lawyer didn't answer yet, she must be on vacation.

Anyway it is more for an advice, since I have no doubt this company's lawyer can justify easily that all these terms are legal, even if they are limit ($55,000 a year is certainly beyond the 80% prevailing wages limit for an IT pro with 15 years of experience, but did they ever state at which level they wanted to hire me, BS or less, since I own an MS diploma but NOT an US one?).

Best regards.

[arulk pillai]

Probably taking advantage of the market down turn.

[Eric Lemaitre]

Hi arulk,

Probably taking advantage of the market down turn.

Perhaps, but it is still quite stupid attempting to take such outrageous advantage that offer becomes unacceptable. Probably it was a standard offer for a wanabee H1B candidate, but they didn't take into account that I already got one and didn't bother wondering whether it was too much exaggerated in case of a transfer.

I just declined their offer, the single $10,000 payback fee statement alone if I left before 18 months was an almost mandatory reason to refuse by itself. Refusing their offer is perhaps financially risky now, but accepting it would have been financially suicidal.

Best regards.

[Luke Kolin]

Originally posted by Eric Lemaitre:
Probably it was a standard offer for a wanabee H1B candidate, but they didn't take into account that I already got one and didn't bother wondering whether it was too much exaggerated in case of a transfer.

I doubt it - if you didn't already have an H-1B then this bottom-feeder wouldn't be able to place you until October 2009. But I'm puzzled - how can you have an H-1 petition for five more years? They are only valid for 3 years at a time.

Sounds like a miserable offer, plain and simple - I would never, ever, ever sign a contract that required me to pay the employer a penny if I quit. And the pay for CA is laughable. I wouldn't relocate there even if they offered twice as much.

Have you tried working through more reputable companies?

Cheers!

Luke
[ September 03, 2008: Message edited by: Luke Kolin ]

[tapeshwar sharma]

I 'd like to offer my 2 cents.However, me no legal expert.
So, please don't take these as the ultimate truth.
Consider the following:
1) Is the agreement being signed in India or the US under US legal paper or Indian Legal paper ?
2)Usually,one sided agreements do not hold any water in US courts.
You can take a look at some of the famous Indian company cases currently pending in US courts.
Does the agreement say anywhere that you can also claim damages in case they terminate your employment?

[tapeshwar sharma]

Sorry, I missed reading that you are French, so there's no way the paper could've been signed in India.
I'd suggest buddy: stay away.

[Eric Lemaitre]

Hi Luke,

But I'm puzzled - how can you have an H-1 petition for five more years? They are only valid for 3 years at a time.

I "of course" assume that my H1B will be renewed in 2 years, which is out of quota and easy... as long as I am still employed or market is not too bad at this time.

Have you tried working through more reputable companies?

Of course, issue seems to be that when market is really bad as it is the case now only the top people are targeted, not the "simply" good ones, so I must wait for market to improve in my case.

Best regards.

[Eric Lemaitre]

Hi prashant,

I'd suggest buddy: stay away.

It is exactly what I did, I declined their offer, the 10,000 $ fee in particular was unacceptable.

Best regards.