L1B to H1B

[ratneshsing]

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[txh1b]

If L1 is not cancelled, you can use the L1 visa to enter and work. However, the CBP person at POE might cancel the H1b visa as both are employment visas. It may not happen as well.

No one can force you to work as per US law. You are on your free will to leave any employer any time.

[H1Success]

If L1 is not cancelled, you can use the L1 visa to enter and work. However, the CBP person at POE might cancel the H1b visa as both are employment visas. It may not happen as well.

No one can force you to work as per US law. You are on your free will to leave any employer any time.

Hi
As you have mentioned - You are on your free will to leave any employer any time

My employer has taken agreement to work for 18 months and he has filed case on others who have left company before 18 months so what is validity of that kind of agreement.
As much i saw on all forums - No one can force you to work and bond are not valid in USA.
Is the agreement valid if that has been not signed all the places on agreement.(There were 5 pages and 3 places to sign but i did only one place)
Please give your opnion.

[txh1b]

All agreements talking about liquidated damages on a sliding scale are valid. But, agreements that say employee X owes 10k (fixed) if he leaves before 18 months are most likely to get tossed out in court. Repayments of relocation or training costs are also valid. The employer has to prove that the cost was actually incurred in court.

Most small time companies try scare tactics and will not go to court over such things unless it is a violation of non-compete agreement which is very likely to be in their favor.

[txh1b]

Bond and contract/agreement are two different things. These are not the same and should not be used interchangeably. Bonded labor was abolished long time ago in many countries.

[txh1b]

**** **** **** **** **** **** **** **** **** **** ****

Thanks for your quick response.
How can i check if my L1 has been canceled or not ? there is no stamp for canceled on L1 visa. I dont want to loose H1. Pleas suggest safe way out.

Then it is valid with a valid L1 petition. But you are risking one visa at any given time. There is no easy way out. If H1b visa gets cancelled at POE, you have to appear again for the visa.

[H1Success]

Bond and contract/agreement are two different things. These are not the same and should not be used interchangeably. Bonded labor was abolished long time ago in many countries.

Thanks for reply.
Yes that is employement agreement not a bond.
They have mentioned that i have to pay 25000$ as a expense reimbursement.
The expense incurred by comp A on employee behalf.
As i mentioned earlier that i have'nt signed on that part or page of agreement,only signed on non-compete page.

Will they able to take any legal action on the basis of that if i will break agreement.What kind of attorney i should contact to check the validity of that?

[txh1b]

Labor/Employment law attorney. Most of them ask if you are an employer or employee and will say they work for employers only and not for employees. If you did not sign, you have notghing to worry about.

[H1Success]

Labor/Employment law attorney. Most of them ask if you are an employer or employee and will say they work for employers only and not for employees. If you did not sign, you have notghing to worry about.

Thanks TxH1B
That is strange that they will work for employers only.
Let me explain - My agreement has 3 parts(3 places where person has to sign)

1) Contains Normal company terms - Salary,Leaves,Sickness leave and work location. ### I did'nt SIGN that Part

2) Contains all the employement period details - If employee will leave then they have to pay certain amount and terminations conditions.###I did'nt SIGN that Part

3) Non -Comptete ### I SIGNED that Part

All 3 parts has palce where person has to sign that She agreed on that.

My concern is - As i have signed only last page of that agreement so can it be considered that i have agreed on all the terms mentioned in whole agreement or the part which i signed that only will be considered at the time of legal action.

[txh1b]

It depends. Are these three separate agreements? Generally, only 1 signature is needed and not a sign on every page. Some ask for initials on every page.

In either case, a 30 min consultation should clear up things for you.

[H1Success]

It depends. Are these three separate agreements? Generally, only 1 signature is needed and not a sign on every page. Some ask for initials on every page.

In either case, a 30 min consultation should clear up things for you.

No all are in one agreement.Yes every page is having initials.
Can you please suggest some attorney?So i will consult with attorney.
Thanks

[txh1b]

Contact your local bar association. They can provide some names as labor laws are specific to your state.

[H1Success]

Contact your local bar association. They can provide some names as labor laws are specific to your state.

Thanks for reply.
I singed it in NJ but now i am in CA so cant i discuss some one over here?

[txh1b]

Generally many contracts have information as to what laws are applicable. It is most likely the employer's state laws. You could talk to an attorney in CA though.

[H1Success]

Employment at Will??

Generally many contracts have information as to what laws are applicable. It is most likely the employer's state laws. You could talk to an attorney in CA though.

Hi
I have seen on internet that in some states employment at Will.
Is that the rule ???

http://www.njlawnet.com/njlawquestions/DCForumID5/559.html

Please check the link and give your Views.