H1B Transfer - Notice Period issues

[funnybone]

My wife, who is on H1B is planning to switch employers. However, I understand that she might have to pay her existing employer "USD X" towards her H1 filing expenses if she plans to quit. She has a new employer ready to transfer her petition / visa.

I would like to know if it would lead to legal tangles / issues in US if she gets her H1B transferred to new employer without paying the charges to her existing employer. She has not signed any contract anywhere, however, I think she has sent a mail confirmation accepting that she would pay before starting to US.

With this as background, if the new employer is willing to take her without her relieving letter from her present employer, can she just walk out of her existing employer without paying ? Would that lead to any H1B transfer issues? Would this pose issues whilst reapplying for a fresh H1B petition from India again after lapse of 6 years on her current visa as experience letters are usually requested for all previous organizations ?

P.S : She has US W2 & bi-monthly paystubs as proof of having worked. Would this be accepted by USCIS in lieu of experience letter?

Opinions / suggestions would really be helpful in deciding.

[dreams11]

I am also in the same boat…. I have contract with company with X USD but they took full H1b fees from my side. They have not invested single penny on me because I was in us on F1 like tuition reimburse, traveling, no medical benefits etc.

My employer didn’t pay full 40 hours in last 2 months. It happens second time in last six months. My employer is paying biweekly. I have paystub with 10hrs work in Dec instead of 80 hrs & 40 hrs work in Jan instead of 80 hrs. Based on this problem I applied for h1b transfer. I am not paying X USD as breach of contract as they breach the contract, not proving 40 hrs or 40 hrs pay. Am I right expert?

Is it important to get experience letter for future Job or application in USCIS?

[dreams11]

Is there any law in US that we have to give resignation letter or Notice before certain period?

[SameerH1Bworker]

US law says, employer should not ask any money for H1b filing fees. Period.

Notice period is all depends on employment contract. If it is "at will" kinda then it does not require to give notice.

Please talk to proper attorney.

[jai5]

There cannot be a contract saying that employee should pay H1b fees, as it is illegal .Only employer should pay filing fees. Future employee can only pay the Premium Processing fee

[kalyan_ac]

File a complaint with DOL.

There is no such thing as a contract or pay X USD.You can file for a petition with the new employer as long as you have all the documents.