Need Advice on H1B Transfer

[indpraveen.ji]

Hi,

I am new to US in H1B working through Employee A for the past 2 months. Now I got an offer in Employee B but there is some kind of contract with my employer A that I should not move out for 12 months, if so then I have to pay some amount to him. I have the following queries.

1. I know that contract is not valid in US, so can I go ahead and put my resignation after H1 transfer is approved? If yes, will my employer A file a case against me based on liquidity damage ?
2. Will there be any problem while doing H1 transfer within 2 months ?
3. Without giving notice to my employer A can I do H1 transfer and abscond ? If yes, will there be any chance of putting me in trouble since I didnt inform and serve the notice ?

4. If I leave after serving notice period and if my employer A refuses to give my experience letter, will there be any problem during GC processing? or can my employer A give some impact during GC processing?

[jairichi]

1. That is a legal document signed by you. Contact a labor attorney to know its validity.

2. No.

3. There is a possibility of getting into trouble (I am not aware of what kind of trouble)

4. You can get experience letter from your colleagues.

[pontevecchio]

Have a Labor Lawyer in your state go over the contract and explain the consequences of leaving A. Of course contracts are valid in the USA.

[indpraveen.ji]

Thanks pontevecchio and jairichi...

 

I have the contract with my employer A like I should not move out for 12 months, if so then I have to pay some amount to him... I think this is not valid in US since Employment is at will... Please advice....

[ashuneel]

1. Labor Lawyer in your state can explain.generally you need not pay employer anything. I do not think they will spend time and money pursuing you for money.

3. you can have new H-1B filed and start working with new employer. No need to inform employer if you feel the need to do that.

[indpraveen.ji]

Thanks ashuneel....

 

So you meant to say that there is no need to mention the Employer A after getting the H1B approved with Employer B ? Does this mean that there is no need to serve Notice period ?

 

And do you have any Idea on how much it would cost to contact a legal labor lawyer and ask him to through all of my documents ?

 

Please advice...

[ashuneel]

Consider this.

IF you employees get laid off/ fired do they always get 2 weeks notice? Some are asked to leave within minutes with security escort.

 So it is your personal decision whether to give notice or not since your employment is "at will". Your company may require 2 weeks but  most people do that only to maintain good relations. Every good company should have back up options for all positions.

 

Contact labor lawyer and ask for costs to handle your case. Some places initial consulation is free to get idea of your case and figure out potential fees/ costs.  No harm in making few phone calls.

[indpraveen.ji]

Thanks a lot Ashuneel, for giving me more clarity on my problem...