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Employer wants me to sign a contract for H1B

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  • Employer wants me to sign a contract for H1B

    My employer has recently agreed to file my H1B. However, I had some questions and would grateful if you can answer them. Thanks in advance.

    1. My employer is asking me to sign a contract whereby he wants me to refund all the amount which spends on sponsoring my H1 (namely legal fees + application fees) if I leave the company before December 31 this year. Is such a contract legal in California?

    2. My OPT expires on June 30, 2010. If I go ahead with the filing now (LCA needs to be filed), is there any way I can continue working after June 30th? I understand that it would be highly unlikely that I get a decision from USCIS in such a short time. Doesn't USCIS allow applicants who are waiting for a decision to continue working after their OPT ends? Due to some family commitments, I wanted to delay the filing process till June 1st (especially if the contract mentioned in the first question is legal). How does that affect my chances of working in US after my OPT ends on June 30th.

    3. If I get my H1 and then am terminated from my job, can I simply transfer my H1 to the new one or do I have to file a new H1 and go through entire process again?

    Thanks.

  • #2
    1. No. H1 fees should be paid by employer.
    2. No. You're eligible to work only from Oct 1st if approved. And you've to leave US after I-94 expiry.
    3. Yes. But it's like new H1. Transfer is no different except that it's not cap-counted.

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