H1B Visa transfer - Notice Period question

[LeagalHelp1]

Hi Forum,

 

My Status

I am currently employed with an Indian IT company and got transferred to US on deputation/secondment. I am working on H1B Visa. Now I got an offer from company B and I am planning to change job. 

 

 

Problem

My secondment letter mentions that I need to serve notice period of 3 months as per the original employment agreement (Appointment letter in India)

 

Here is exact paragraph in secondment letter

 

"You will continue to be governed by the terms and conditions of the employment contract except to the extent modified herein. You acknowledge that any temporary benefits made available while on Secondment may be withdrawn or altered at the discretion of the company. Termination of employment shall be as per contract of employment and company's severance policy, which mandates 3 months notice of termination"

 

This does not mention weather or not my employer is also mandated to follow 3 months notice as per US law

 

Questions

 

1. Can I give notice of 2 weeks or I have to serve complete period of 3 months ?

2. Can my company send me back to India after my resignation?

3. Can they force me (by not clearing my company reliving) to serve notice period in India?

 

Notes:

 

There is also a bond involved. The bond mentions I need to serve 3 months in offshore else pay $ 5K. I am ready to Pay bond amount 

 

Thanks in advance for taking efforts to read my post

[LeagalHelp1]

Can anyone help on this topic please

[jairichi]

Hi Forum,

 

My Status

I am currently employed with an Indian IT company and got transferred to US on deputation/secondment. I am working on H1B Visa. Now I got an offer from company B and I am planning to change job. 

 

 

Problem

My secondment letter mentions that I need to serve notice period of 3 months as per the original employment agreement (Appointment letter in India)

 

Here is exact paragraph in secondment letter

 

"You will continue to be governed by the terms and conditions of the employment contract except to the extent modified herein. You acknowledge that any temporary benefits made available while on Secondment may be withdrawn or altered at the discretion of the company. Termination of employment shall be as per contract of employment and company's severance policy, which mandates 3 months notice of termination"

 

This does not mention weather or not my employer is also mandated to follow 3 months notice as per US law

 

Questions

 

1. Can I give notice of 2 weeks or I have to serve complete period of 3 months ?

2. Can my company send me back to India after my resignation?

3. Can they force me (by not clearing my company reliving) to serve notice period in India?

 

Notes:

 

There is also a bond involved. The bond mentions I need to serve 3 months in offshore else pay $ 5K. I am ready to Pay bond amount 

 

Thanks in advance for taking efforts to read my post

1. If you are ready to pay the required $5000 as damages for breach of contract then your 1st question is irrelevant.

2. No.

3. Yes, they can refuse to relieve you, provide you experience letter, etc.

[LeagalHelp1]

Thanks jairichi for your answer,

 

The condition of serving notice period is unfair. Don't you think? My main fear is, despite paying $ 5K they will refuse me relieving and experience letter saying that I have not served notice period in offshore. Is that a legal demand to serve notice period in offshore or is it just added to scare people like me?

[help_newbie]

Hi Forum experts,

I have also got into similar problem. I got transferred/deputed to USA on h1b. Recently i received a permanent offer by other company in USA. 

 

1. USA offer letter states that termination of employment will be as per the contract of employment which i had with them before. Where in the contract 3 months notice is mandatory.

2. There is a bond of around $5K too if employee does not come back to India and server 6 months notice. (this is disgusting)

 

Now my question is: if i breach 2. above then 1. above should stands void automatically? I can leave by just giving few weeks notice and damages of $5K?

Shall they provide relieving/experience without any problem?

 

Please help in this matter.

 

Thanks in advance.

[jairichi]

Thanks jairichi for your answer,

 

The condition of serving notice period is unfair. Don't you think? My main fear is, despite paying $ 5K they will refuse me relieving and experience letter saying that I have not served notice period in offshore. Is that a legal demand to serve notice period in offshore or is it just added to scare people like me?

It is not unfair as an employer needs time to find a replacement to keep the project running.

[jairichi]

Hi Forum experts,

I have also got into similar problem. I got transferred/deputed to USA on h1b. Recently i received a permanent offer by other company in USA. 

 

1. USA offer letter states that termination of employment will be as per the contract of employment which i had with them before. Where in the contract 3 months notice is mandatory.

2. There is a bond of around $5K too if employee does not come back to India and server 6 months notice. (this is disgusting)

 

Now my question is: if i breach 2. above then 1. above should stands void automatically? I can leave by just giving few weeks notice and damages of $5K?

Shall they provide relieving/experience without any problem?

 

Please help in this matter.

 

Thanks in advance.

Getting a relieving letter and experience is never guaranteed from any employer. Try to get an experience letter before you quit. That is the only way.