New H1B petetion filed from India

[stephen]

Hi,

A Consultancy is offering me to file a H1B petetion for Apr 2013.

It's asking me to sign a contract for minimum 2 years.

Am i obliged to serve them for 2 years or can i look for any better opprtunities after i get an approved VISA.

-Stephen

[pontevecchio]

How much money are they asking upfront to file the H1 petition?

[rahul412]

Am i obliged to serve them for 2 years or can i look for any better opprtunities after i get an approved VISA.

If you sign it then you have to.

Better to find another employer.

[Attorney_25]

In the US, the law forbids forcing a person to work longer than he or she chooses to. That being said, if the employer can prove damages for early departure from a contract period, they might be able to get the payment. However, this is not certain and depends on labor and employment law in the state of employment. Therefore, one should consult with a labor/employment attorney in the state of employment if concerned about this particular issue, preferably before signing the contract. In addition, if the stated damages include the costs of filing the H-1B petition, then that is generally unenforceable.

[t75]

It is morally reprehensible - but not illegal - to use an H1B filing to gain entry to the US to look for a job which you would not qualify for if you were still in your home country. Find the job that you intend to work for and go for it them.