Can current company force me to go to offshore if I resign

[PankajA1901]

Dear All,

 

I am working for company A on L1 visa , I got an offer on April and my new employer B filled my H1b. 

Now in July,13 my company A came up with new policy which says a person can't resign in US if he/she got hired in India (I was originally hired in India), employee needs to go back to India and resign and serve the 2 month notice period in India, I was not aware about this policy as of today, also at the point when I accepted the offer from company B, there was no such policy in place.

 

Now my new H1b with employer B got approved. 

 

I was planning to resign on Sep 15th as asked by employer B and move to H1b status from Oct 1st and start the new job.

 

Now my qus is can my current employer A force me to go back to India in case I resign on Sep 15th ?? if they try to force me what options I have ?

 

thanks in advance...

[JoeF]

Nobody can force you to do things. You are not a slave.

[jairichi]

 

Dear All,

 

I am working for company A on L1 visa , I got an offer on April and my new employer B filled my H1b. 

Now in July,13 my company A came up with new policy which says a person can't resign in US if he/she got hired in India (I was originally hired in India), employee needs to go back to India and resign and serve the 2 month notice period in India, I was not aware about this policy as of today, also at the point when I accepted the offer from company B, there was no such policy in place.

 

Now my new H1b with employer B got approved. 

 

I was planning to resign on Sep 15th as asked by employer B and move to H1b status from Oct 1st and start the new job.

 

Now my qus is can my current employer A force me to go back to India in case I resign on Sep 15th ?? if they try to force me what options I have ?

 

thanks in advance...

 

I believe your employer A can not force you to go back to India. This is a free country. Do as planned.

[omshiv]

you are good to join the H1b employer.

[rahul412]

 

 

Now my qus is can my current employer A force me to go back to India in case I resign on Sep 15th ?? if they try to force me what options I have ?

 

 

Only US Govt has authority to do so.

Just think practically, what will happen if you won't go back to India before submitting resignation??

[PankajA1901]

Thanks for the reply.

 

As per plan I am going to resign by Sep 15th and ask for a 15 days notice. I know my current company A will ask me to go back to India and if I say NO, do they have rights to hold back my experience letter (5 yrs exp letter) , my pending salary, variable pay, refundable leaves, etc.. ??? the list is endless :( 

 

Is there a possibility that I dont go back to offshore and also get my last days benefits ?? 

[jairichi]

Thanks for the reply.

 

As per plan I am going to resign by Sep 15th and ask for a 15 days notice. I know my current company A will ask me to go back to India and if I say NO, do they have rights to hold back my experience letter (5 yrs exp letter) , my pending salary, variable pay, refundable leaves, etc.. ??? the list is endless :( 

 

Is there a possibility that I dont go back to offshore and also get my last days benefits ?? 

If you are paid here in US and I expect so then they can not hold back your salary.

[omshiv]

They cannot hold your Salary..and if they do then complain with the DOL.

 

Experience letter yes, they might not give you.

[PankajA1901]

Can I ask my company A to give me experience letters and other stuff as they introduced this policy on July 13 and I accepted the offer on April 13 (if that's a valid point).

 

Before July 13 there was only 2 weeks notice period policy in my current company A.

 

I can tell them that if they would have introduced that policy before Apr 13 then I would not have accepted the offer from company B.

 

If my point is valid can I consult a lawyer for this if company A doesn't agree and try to harass me ?

 

Getting experience letter is also important for me as I only have 7 yrs of experience out of which 5 yrs in company A.

[jairichi]

Can I ask my company A to give me experience letters and other stuff as they introduced this policy on July 13 and I accepted the offer on April 13 (if that's a valid point).

 

Before July 13 there was only 2 weeks notice period policy in my current company A.

 

I can tell them that if they would have introduced that policy before Apr 13 then I would not have accepted the offer from company B.

 

If my point is valid can I consult a lawyer for this if company A doesn't agree and try to harass me ?

 

Getting experience letter is also important for me as I only have 7 yrs of experience out of which 5 yrs in company A.

Consult a labor attorney and go through your contract with him.

[sachinisgod]

Cheap employers will do things such as - not paying variable pay, releiving letter etc. But ethical companies shouldnt do it. And no one can hold your gratuity or PF. If its a big company, they see 100 s of cases like this and they usually wont do such things. 

 

ALso in the policy ,  They should have also mentioned what happens if you violate it . what does it say?? 

[PankajA1901]

Companies policy says this ---

 

§  Associates on deputation to the US cannot resign at onsite. They must relocate to India and initiate their resignation in India. Upon return to India, the terms and conditions shall be as per the applicable India policy.

§  Associates, who fail to return to India upon resignation, will be treated as violations of the Company policy and the Company may pursue appropriate remedies available under laws. Notice period would start w.e.f the date of trigger on exit tool in India

 

Please suggest what options I have ?

[JoeF]

Employment in the US is at will. Such rules as what you listed are not legal in the US.

[PankajA1901]

No one resigned yet since this policy implemented in our group, not sure if they can put some financial liberality on me if I resign :( 

 

I am trying to get H1 since last 2 years and now I got it but not happy and am worried because of this new policy.

 

Can they ask me to pay big amount if I leave by giving 15 days notice ??

[rahul412]

No one resigned yet since this policy implemented in our group, not sure if they can put some financial liberality on me if I resign :( 

 

I am trying to get H1 since last 2 years and now I got it but not happy and am worried because of this new policy.

 

Can they ask me to pay big amount if I leave by giving 15 days notice ??

If you really want to enjoy your H1, then contact some attorney and have them review it.

[pontevecchio]

If you think your Immigration is a done deal and you will not need a job back home then you just leave. Why is the H1 visa such a problem?

[sachinisgod]

You could find a new employer and resign from current employer.  Now Join the new employer and then may be take a week off, go to India and do the formalities. But of course, you need to get it stamped in INdia...good its been approved as well...

 

Most likely it will be a compensation that the company may ask for..I think i guessed the company..My brother worked there for 12 years and he was in similar position...they asked for 500k INR..:)

[cap-gap]

I don't see anything outright illegal or unethical in the policy set by the company..

 

if violate it they may very well seek penalties from u..

 

you got three more weeks..go to india and resign per policy and get H1 stamped and join new employer..straight forward solution..