Hello,

I suppose your husband also posted the same query, though such agreements are not valid in the eyes of law but since your husband has admitted the liability therefore he will have to pay the same to the company (this suggestion will stand if your husband has paid something). However, if your husband has not paid something then your company is at liberty to file a lawsuit, however it can be defended well on part of your husband.

the relevant law has been laid down in VFS Global Services Pvt Ltd v. Mr. Suprit Roy, 2008 2 Bom Cr 446

Regards

1. It is not clear whether he joined company A informing the B company.

2. If not then B can legally calimthe said amount/

3. Your husband can not certainly joins another company keeping his previous employer dark and the previous company proceeds for visa application nand now your husband refuses to join work. it is not done.

4.however after seeing his job contract with A company I amy advise further.

HI

1) It is not legal in India to have employment bonds and also section 32 of Indian contract act .

2) Also in accordance to US Contract act, a bond obtained in lieu of providing H1B visa by an US Employer is classified as substantive unconscionability (chapter 14, sub chapter III) and hence the bond is void.

3) In general , laws in both USA and India treat H1B as an employment visa and that too on lottery and hence there can be no Bond on a future uncertain event

4) So, your husband is right in writing to the prospective employer of his intention not to join the firm subsequent to signing of the Bond.

5) Also B has no right to file a suit and at the most, they can only make empty threats.

6) In the event of continuous harassment company B, you should complain to US immigration authorities and respective state labour department(based on which state B is having their office) through mail which will throw B out of business in USA for at least 3 years.

Hope this information is useful.

The company has spent Rs 3 lakhs on employee H1b application processing fee

2) your husband has signed bond wherein he agreed to reimburse application processing fee in case he does not travel to USA

3) your husband should travel to USA for work purposes or agree to pay the bond money

You have not stated that if the H1B visa has been processed by the company?

What about his present employment, whether he resigned it before accepting the B company's offer?

The bond will depend on whether if the company B has already processed the visa at its cost or not.

The company B can legally enforce the same if your husband has signed the bond provided the company has borne the expenses for this purpose at least proportionately.