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aaamitster

H1B employee legal obligations after termination of employment.

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Hello, I am on my OPT and my employer is hesitant to apply for h1b because they think that there will be legal obligations even after I leave them ( if I leave them). Can some one clarify if it's true? 

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The only legal obligation if they lay you off is that they have to pay for your travel back to your home country if you wish to go back. This doesn't apply if you quit, nor does it apply to dependents.

8CFR214.2(h): "(E) Liability for transportation costs. The employer will be liable for the reasonable costs of return transportation of the alien abroad if the alien is dismissed from employment by the employer before the end of the period of authorized admission pursuant to section 214(c)(5) of the Act. If the beneficiary voluntarily terminates his or her employment prior to the expiration of the validity of the petition, the alien has not been dismissed. If the beneficiary believes that the employer has not complied with this provision, the beneficiary shall advise the Service Center which adjudicated the petition in writing. The complaint will be retained in the file relating to the petition. Within the context of this paragraph, the term “abroad” refers to the alien's last place of foreign residence. This provision applies to any employer whose offer of employment became the basis for an alien obtaining or continuing H-1B status."

 

Edited by JoeF

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JoeF,

Thank you for your response. My employer's hesitation stems from the assumed position that they will be liable for anything illegal i do while in US, after i leave them. This is a small company 13-15 employees and they don't want any legal obligations for my wrongdoings after i leave them. I couldn't even find if there is any problem while i work with them, i assumed all my mistakes or any illegal activities will effect me alone, the most damage to them, as i understand, is that the employer will lose an employee. I don't know where they have this idea but if i could prove to them that there is no obligations like that then they might be willing to apply. Is there anything like that?

Thank you,

Amit

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They should discuss their fears with an immigration lawyer.

 

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If you believe they are amenable to reason and mind you they do not even need a reason not to file your h1, then have a lawyer explain this to them.

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Thank you for the responses. 

One last question. Is there any problem faced by the employer if the H1B employee does anything illegal not related to work?

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