Legal Question in Employment Law in India

Hi My name is Chamraj from India, obtained a h1b from a new jersy based company in Dec 2007. I have signed the agreement of Employment i.e part of my offer letter before appearing for my visa interview.

Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.

2, Offer letter with agreement of employment just before going to us consulate for stamping.

I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR.

During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.

BG got expired on last month and now they want me to travel to US immdly.

If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.

I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,

Extract from Agreement:

If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.

Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.

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