• H1b us visa filing

I am working in company A and while filing H1b visa 2018 they make me sign a bond.
If my visa is approved then i have to stay with company for 9 months and if i want to leave i need to pay them application fees.
My name is picked in lottery and status is "case was received" at US website
I want to resign now due to some personal reason.
They said i have to pay them.
Is such kind of bond is valid in india and with US H1b visa filing??
Is there any other turn around?
What if i drop an email to us embassy to reject my case or informing them about this kind of bond.
Need advice on this
Asked 4 years ago in Business Law

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9 Answers

Hi, you are legally bound by the terms and conditions of the bond ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Sir since in condition you agreed to serve the company under the employment agreement if you fail the co.psny can claim damages from you further as per agreement you have to pay the application fee to them.

Yes work agreement bond is valid of it is reasonable as reasonable restriction can be imposed in meaning of indian contract act.

Sir if you ask US embassy to.reject your visa then in that case also you are breaching the agreement it would be better to.settle.with company and cancel the bond further in case they go to court they can claim actual damages only.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Bond would be valid

2) compmay has spent money on your application fees and if you leave the organisation you have to reimburse them for expenses incurred by them

3)don’t send any email to the embassy

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. What you call a bond is actually a contract between you and the company. The contract ranks sacrosanct and binds both parties. You are bound to discharge your contractual obligations.

2. You are bound to pay the amount to the company, failing which the company can file a suit for recovery of money and damages against you in the civil court.

3. Even dropping an email to US embassy to not to process your visa application will not absolve you from your contractual obligations.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes you are bound to as you have signed the bond to get the visa and the cost of the visa incurred by the company on your behalf.

Please check the visa fees amount to be claimed by the company from you did for resigning although it could not be very heavy But may dent your financials.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Yes the bond is valid and you are required to pay them the application fee.

If you inform the embassy and they come to know this then also they can recover the money from you.

However, company usually do not take legal action as the same incur a cost on them, which will be more than the recovery.

Usually they will send a legal notice.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Bond is valid and in case of default, you are liable to honor it but in your case, VISA is under process and not yet approved.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

First of all you should go through the conditions that have been agreed by you in this regard.

If the conditions state that you have to refund the visa processing charge if you leave the company then you are obliged by it.

This is different to the employment bond, hence their claim is maintainable.

This is legal and there is no ambiguity about it and you while signing that have read and understood that as a major (18 years and above).

Secondly you are not forced or coerced to sign that. Means that you have used your free will while doing so.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. Retention bond or employee bonds which bind the employee is solely at the discretion of the company;

2. You must appoint a local lawyer;

3. Let him/her verify the clauses of it, and see if there are any loopholes;

4. Strictly speaking if you have signed the bond you are bound by it;

5. But if the company has violated any clauses then the contract is rescinded there itself;

6. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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