H1B Employer Change - At will contract

[santoss]

Hi All,

I'm working for employer A and contracting to client location and my i140 is approved. I have got a new FT offer with employer B and they are filing my H1. During this COVID situation, not sure how things would turn out so I have not yet given my notice to employer A. I am planning to inform employer A once the H1 petition gets approved. Here are the terms with Employer A contract and how legal are they?

Quote

 

1.5. At Will Employment After First Year. After the twelve (12) month period stated above,
Employee hereby acknowledges that his or her employment with Employer may then be
terminated at any time and for any reason, or for no reason. The terms of employment may
in the future be amended, but only by writing and signed by both Employee and Employer.

1.6. Notice Terminating the Agreement. After the twelve (12) month period, Employee may
terminate this Agreement by giving fourteen (14) days’ written notice to Employer of their
intent to terminate. Employee understands that Employer has invested a great deal of money
in the employment of Employee in the form of materials and accommodations, and therefore
agrees that failure to abide by the terms of this Section 1.6 shall cause Employer great harm
and as a result, Employer shall deduct from Employee’s wages an amount based on the
difference between the actual notice and the required fourteen (14) days’ written notice,
multiplied by the average daily pay for the last six (6) months as liquidated damages. E-mail
shall not be considered a valid method of notice for purposes of this section.

 

I might have to forgo a my salary for the month so does it negatively impact in long term for a missing paystub? The new employer wants to file my GC 6 months after my employment. How does leaving employer A impact my i140 and priority date?

Also, should I hire an attorney or talk to FT employer's legal team?

Thanks a ton in advance and stay safe!

[User099]

I am assuming you work for Emp A for more than 1 year, then a 14 day notice is pretty common. After the transfer is approved give old employer a 14 day notice and you should be good to move to the new employer.

If you I140 is approved for more than 180 days, new employer can port the PD.

 

[santoss]

Thank you for the reply. Employer B is asking me to give notice after H1 receipt itself so that I can join early. Is it a good idea to resign on receipt number? This is my first transfer so lot of questions in my head

[User099]

I can understand your situation. There is some risk involved with transfering on receipt notice. If the transfer is denied, you will have to leave the country or transfer to an other visa if you have an I94.

If the new company has a good history and you feel its safe to transfer on a receipt notice you can do so. 

Convert to Premium and get a result asap will be better.