Notice period for H1bs - law

[happybuddha]

Hello,

I was wondering if someone could let me know if there is any legal documentation of the notice period an employee on H1B is required to give to his present employer ?
Coming to the point, if an employee was hired in India and was given an offer letter which said 3 months notice period, will that condition be valid when the company sent the candidate to the US on H1B ? Doesn't that go against the free nature of employment that the US laws offer ?

Cheers,

[kabkaba]

Yes, employment is at will in the US. There is no notice period required unless there is specific contract. Offer letter will not constitute a contract.

[happybuddha]

Ahh, thanks so much for the quick reply, kabkaba. My heart was in mouth for the past few hours when someone told me that if a person from my current firm quits in the US, s/he will need to serve 3 months notice period which is mentioned in the offer letter given in India. Every single bit of my planning (on movement to other city) would have been brought to dust.

The person went as far to say .. there will be police waiting at the airport back in India for me not honoring the offer letter !!! .... WTF

Yes, employment is at will in the US. There is no notice period required unless there is specific contract. Offer letter will not constitute a contract.

So am assuming I am bound by no law when I am quitting my current firm in the US and I cannot be legally asked to serve a 90 day notice period, right ?
(I have planned everything around assuming I will give 15 day notice period which seems to be customary around here).

Cheers,

[kabkaba]

Breaking a contract is not a criminal matter. At most what they can try is hold your salary or something, even that can be remedied by complaining to DOL.

[txh1b]

When you are in US working on H1b, officially, you are an employee of the firm registed in US and have got nothing to do with the company in India. They should even go to the extent of terminating you in the system when you get employed in the US for the same company.

You can switch without any concerns. Only problem I forsee is for them to not give you the experience letter etc which might be needed for the GC. There are remedies for it though.

[happybuddha]

Thanks for your replies guys. Brings some peace of mind.
I appreciate.

Cheers,

[Dagadu Gaikwad]

3 Months notice period

I am on h1b and My company is still insisting to serve me 3 months notice period at USA. i would like to contact legal advice

does any one know? How can i contact it?

Thanks and Regards
Dagadu Gaikwad
Mob 971 533 9792