H1B : Current Employer policy for going back to India and serve notice period there

[mahi.past123]

Hi guys! I am on H1B and my current employer's HR policy states that an employee can not resign at onsite(USA) when on deputation, he/she has to come back to the base location(India), server the Indian notice period of 2 months and only then he/she will get relieving letter, experience letter etc? I am getting a very good job opportunity in USA, can i resign and not go back to India? Will it be legal as per USCIS?

 

As per, current employer policy:

if an employee fails to return to India company may pursue appropriate remedies under law and reserves right to withhold experience, relieving and resignation acceptance letters.

[livliv]

From US immigration perspective, there is no problem in leaving and joining another employer. (Assuming transfer petition is received by USCIS before your last day of work).

 

The employer can of course withhold experience letters etc. You will need to obtain experience letters from colleagues in future if you file for GC. That can create some problems. So if you cannot maintain relationship with your current employer, at least keep good relationships with your colleagues.

[rahul412]

I think you are good to go, USCIS doesn't care about your company's HR policies. Only issue here is that you can't get exp letter but I guess there are alternatives for this letter.