Need Advice for H1 Transfer

[indpraveen.ji]

Hi,

I am new to US in H1B working through Employee A for the past 2 months. Now I got an offer in Employee B but there is some kind of contract with my employer A that I should not move out for 12 months, if so then I have to pay some amount to him. I have the following queries.

1. I know that contract is not valid in US, so can I go ahead and put my resignation after H1 transfer is approved? If yes, will my employer A file a case against me based on liquidity damage ?
2. Will there be any problem while doing H1 transfer within 2 months ?
3. Without giving notice to my employer A can I do H1 transfer and abscond ? If yes, will there be any chance of putting me in trouble since I didnt inform and serve the notice ?

Need your valuable suggestion on this...

[raghvi]

Hi,

I am new to US in H1B working through Employee A for the past 2 months. Now I got an offer in Employee B but there is some kind of contract with my employer A that I should not move out for 12 months, if so then I have to pay some amount to him. I have the following queries.

1. I know that contract is not valid in US, so can I go ahead and put my resignation after H1 transfer is approved? If yes, will my employer A file a case against me based on liquidity damage ?
2. Will there be any problem while doing H1 transfer within 2 months ?
3. Without giving notice to my employer A can I do H1 transfer and abscond ? If yes, will there be any chance of putting me in trouble since I didnt inform and serve the notice ?

Need your valuable suggestion on this...

1. I wouldnt easily say that the contract is not valid in US. You cna be liable for damages depending upon what exactly is mentioned in the contract. Also, the employer can withhold your salary, experience certificates.
2. Make sure the next employer is genuine and has all the paperwork.
3, Its not right ethically, and could have legal implications too depending upon your terms of employment.

This is my opinion not legal advice.

[indpraveen.ji]

1. I wouldnt easily say that the contract is not valid in US. You cna be liable for damages depending upon what exactly is mentioned in the contract. Also, the employer can withhold your salary, experience certificates.
2. Make sure the next employer is genuine and has all the paperwork.
3, Its not right ethically, and could have legal implications too depending upon your terms of employment.

This is my opinion not legal advice.

Thanks raghvi... I have one more query, before my contract is over if it put my resignation and went to employer B, is there any chance that when I do my GC the employer A can make any impact to GC processing?...

[raghvi]

Thanks raghvi... I have one more query, before my contract is over if it put my resignation and went to employer B, is there any chance that when I do my GC the employer A can make any impact to GC processing?...

I dont think they can negatively impact your future GC processing.


This is my opinion not legal advice.

[indpraveen.ji]

I dont think they can negatively impact your future GC processing.


This is my opinion not legal advice.

Thanks a ton...