H1B transfer

[anil_dhawan]

I am on H1b visa. I wish to change employer and have a new offer from a employer who is filing for H1 B transfer.

The Problem is that my current employer made me sign an "employment agreement" stating that the employment is at-will and both of us required to give only 2 weeks notice to each other in termination. One of the clause in the agreement is that if i leave him within 2 years of service, then i would have to reimburse him for visa processing fees, relocation, finder's fees, airfare etc. I WANTED TO KNOW THAT ARE SUCH TYPE OF CONTRACTS VALID IN USA.

I was also given an employee manual on joining the job which states that the employment-is-at-will. Both the parties would have to give each other 15 days notice. It also states that none of the parties have enterted into a contract "concerning the duration of employment.

Could u please advice me that if i leave him after 6 months of job, what is the damage he can do to me.

And Also if my new H1B visa transfer does not come through i.e is not approved and (I cannot work with my prior employer). then what would be my status. Will i have to leave the country then.

 

[usdeeper]

I am on H1b visa. I wish to change employer and have a new offer from a employer who is filing for H1 B transfer.

The Problem is that my current employer made me sign an "employment agreement" stating that the employment is at-will and both of us required to give only 2 weeks notice to each other in termination. One of the clause in the agreement is that if i leave him within 2 years of service, then i would have to reimburse him for visa processing fees, relocation, finder's fees, airfare etc. I WANTED TO KNOW THAT ARE SUCH TYPE OF CONTRACTS VALID IN USA.

I was also given an employee manual on joining the job which states that the employment-is-at-will. Both the parties would have to give each other 15 days notice. It also states that none of the parties have enterted into a contract "concerning the duration of employment.

Could u please advice me that if i leave him after 6 months of job, what is the damage he can do to me.

And Also if my new H1B visa transfer does not come through i.e is not approved and (I cannot work with my prior employer). then what would be my status. Will i have to leave the country then.

The contract is valid and is used all the time in H1-B because of the high cost of bringing someone to the US. Can you imagine a company spending 10k and then having them leave after 3 months ? Some companies will put it down to experience and let it go, others will sue your arse.

If the transfer fails when you have notified your old employer then you have 30 days to get another sponsor or leave the country.