H1 B contract question

[doctor99]

In a H1 B contract  if the Employer can give you 30 days notice to terminate and asks you to give him 13months. Is the legal? In a H1 B contract should it not be the same amount of time for both Employer and Employee for termination? Else isn't it considered abuse of a H1 B Employee?

Thank you!

[JoeF]

Such one-sided stuff is likely not enforceable. Have the contract checked by a labor lawyer before signing.

Btw, employment in the US is at will, meaning that both employer and employee can terminate the employment relationship at any time, with no wait time. The employee giving 2 weeks notice when he or she quits is just a courtesy. Employers generally tell people they are laid off without any notice.

[Stuck_with_H1B]

I agree with JoeF. Here we have concept of employment at will, employee and employer both need to agree on the terms. No one party should dictate the terms. But again on H1B lot of employers are still practicing such unaccepted things, still 13 months is still unbelievable.

Even if you talk to a labor attorney he would say if there is 13 months in contract then its 13 months. I do not know how desperate you are to get this job, but I would suggest you try to negotiate with them and explain then is not realistic contract if they are not ready then find another one.