h1b implication

[andreean1987 0]

In this post, I want to give rise to the question of the implications of an H1B. The employers who are willing to sponsor you want you to sign a contract that would mandate you to work a certain amount of time for them? Is this work enforcement even legal in United States?

For example, if I want to leave my initial H1B after 4 month can I do that or do I have to stay with the company years because they were my petitioners and now they force me through a contract to stay with them.

I know all situations are different and vary from company to company but your experience with petitions is valuable...

Thanks

[Penguin_ie 5,984]

They cannot force you to stay, but your visa is dependant on working for the employer who sponsored you. If you no longer wish to work for the sponsoring employer, you are free to go home.

[canadian_wife 1,785]

Don't forget there is something call breech of contract. If you sign a contract and break it, that can hold legal implications for you

In my profession, breech of contract can lead to a revoking of our professional certificaiton

http://en.wikipedia.org/wiki/Breach_of_contract

Good luck

[andreean1987 0]

is it risky even if you are able to transfer you H1b visa to another company? In other words i found somebody else who is willing to take over my first h1b visa. will my first employer give me trouble? in other words most likely i will have a contract to break to transfer to another employer or some employees sponsor h1b with no working contract mandating a specific time to work?

[Penguin_ie 5,984]

All depends on what it says in your contract. Most people I have seen have a clause that there is a notice period (one or three months, depending on the type of job), and that they have to pay back the expenses of the company for the visa/ bringing them over if they do not stay a certain amount of time- 1 or 2 years.

[Harsh_77 716]

Yea none of these employeer is forcing you to work for them, you choose to work for them.

Most companies will put in that if you leave them earlier then certain period then can recover the visa processing cost, they can put that as a contract, and if you breach that to go over to another employeer they can sue you for breach of contract.

You can complain if they making u over work and not paying for it or something like that.