job change

[gpinaki]

Hi,

 I am planning on a job change and have an offer letter from employer B.

However my current employer A, gave me sign on bonus , with a clawback agreement to return full amount if I leave within 1 year. The current joining date @ Employer B is 2 months later, which would still of 1 year mark by a month. 

I would still have a lot of vacation time left. I was wondering what if I take vacation from A for 3 weeks work @ B, take vacation from B, give notice to A and go back to B. 

This is highly unethical, but I am pissed @ A, as they had promised to do GC after 3 months and still not started, promised the H1 renewal would be premium and have not done that yet. But anyway if ethics are kept aside, 

Would this move be illegal and/or cause H1/GC issues ?

[User099]

On 12/16/2019 at 12:11 AM, gpinaki said:

Hi,

 I am planning on a job change and have an offer letter from employer B.

However my current employer A, gave me sign on bonus , with a clawback agreement to return full amount if I leave within 1 year. The current joining date @ Employer B is 2 months later, which would still of 1 year mark by a month. 

I would still have a lot of vacation time left. I was wondering what if I take vacation from A for 3 weeks work @ B, take vacation from B, give notice to A and go back to B. 

This is highly unethical, but I am pissed @ A, as they had promised to do GC after 3 months and still not started, promised the H1 renewal would be premium and have not done that yet. But anyway if ethics are kept aside, 

Would this move be illegal and/or cause H1/GC issues ?

From H1/GC point of view, you will be good if your employers are giving you a vacation. You can also hold multiple H1's so you are good there too.

But all of this depends on your employers approving you vacation for the said periods. Especially B granting you vacation after working for them for just 3 weeks. You might also want to review the agreement with A closely (may be with an attorney) to see if there is nothing that will come back and bite you.