| Q. |
Change of employer
Hi
I came to US in last Dec on H1B. And my employer made me sign a document which has a clause that I should stay with them for 1.5 year. If I don't I will have to pay penalty fees which is very high. Right now I have a better offer from other employer can I switch to that employer now and transfer my H1B, with out paying those penalties mentioned in the document? what action he will take? Will he be able to revoke my H1B visa after transfer? Will that document stand in the court of law? (It is written only on a white paper)
thank you
srini
User's Location:
Fort Collins, Colorado, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
I don't know about the legal enforceability of the contract you described. I have my doubts as to whether it would stand up. Once your new H-1B sponsor files the petition for you, the previous H-1B sponsor cannot really hurt with you a withdrawal of your first H-1B. You are authorized to begin working for the new H-1B sponsor upon proper filing of the petition. Of course, if the new petition is denied, and your previous H-1B sponsor has withdrawn your underlying H-1B, then you will be left without status and without employment authorization.
You might contact a lawyer specializing in employment law (employee side, not employer defense) to answer your question about the contract. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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