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3 Months Notice period during h1b transfer
Hi Experts,
I am on H1B visa , brought from "ABC India" company to work in USA for ABC clients here in US (since last 3 months).
I now want to switch "ABC" to some other employer, however "ABC" gave me an offer letter with conditions like
I will have to serve 3 months notice period or pay $10000 in case I switch.
I wanted to know if such conditions are legally valid here in US?
Wanted to know if there is any way I could avoid paying all this money ? If at all I try to notify "ABC" about my intention of switching can they revoke my h1b,will I get to know that if they try to do it?
or first should I get my h1b transfer initiated then notify "ABC"? if my h1b transfer is successful to an another new company and the new company is ok for me to server 90 days notice for ABC is it legally ok for me to work for ABC even after my h1b transfer?
Following is the extract from the letter they initially sent me:
-In the event you voluntarily terminate your assignment without providing "ABC" with 90 days written
notice, or if your assignment is terminated for cause by "ABC", you agree to pay "ABC" the amount of
Ten Thousand Dollars and no/100 cents ($10,000.00), which sum represents "ABC"s cost of
customer service continuation, recruiting, assigning, training, educating, marketing, and your
replacement. You may decide to satisfy this requirement in Lieu of, as per the following :
- If your notification period is 0 to 60 days, the payment is $10,000
- If your notification period is 61 to 90 days, the payment is $5,500
- "ABC" can and will engage the services of a collection agency if payment is not received by the
employees resignation date. By signing this letter, you also consent to "ABC" or its affiliates
recovering all or part of this amount from any amounts owed to you, including salary and leave
encashment, to the extent permitted by applicable law. Any such recovery does not prejudice any
of "ABC"s other rights to recover remaining amounts owed by you.
- In addition, in the event you terminate your assignment or if your assignment is terminated for
cause by "ABC" India, "ABC" US or its affiliates within twelve (12) months of the later of relocating to
and starting work at a new job site for which "ABC" US provided any relocation expense
reimbursement to you or paid any relocation expense on your behalf (including, but not limited to,
expenses associated with relocating your possessions and/or your family and/or dependents), you
agree that you shall pay to "ABC" US the amount of any such relocation expense reimbursement
and/or any relocation expense paid by "ABC" US on your behalf. You hereby agree that this amount
may be deducted from any monies owed to you by "ABC" US at the time of your separation. Cause
includes, but is not limited to, breach of the Business Conduct Guidelines, neglect of duties, failure
to act in the best interests of "ABC" US or violation of rules, regulations or procedures established
by "ABC" US and its affiliates.
I am on H1B visa , brought from "ABC India" company to work in USA for ABC clients here in US (since last 3 months).
I now want to switch "ABC" to some other employer, however "ABC" gave me an offer letter with conditions like
I will have to serve 3 months notice period or pay $10000 in case I switch.
I wanted to know if such conditions are legally valid here in US?
Wanted to know if there is any way I could avoid paying all this money ? If at all I try to notify "ABC" about my intention of switching can they revoke my h1b,will I get to know that if they try to do it?
or first should I get my h1b transfer initiated then notify "ABC"? if my h1b transfer is successful to an another new company and the new company is ok for me to server 90 days notice for ABC is it legally ok for me to work for ABC even after my h1b transfer?
Following is the extract from the letter they initially sent me:
-In the event you voluntarily terminate your assignment without providing "ABC" with 90 days written
notice, or if your assignment is terminated for cause by "ABC", you agree to pay "ABC" the amount of
Ten Thousand Dollars and no/100 cents ($10,000.00), which sum represents "ABC"s cost of
customer service continuation, recruiting, assigning, training, educating, marketing, and your
replacement. You may decide to satisfy this requirement in Lieu of, as per the following :
- If your notification period is 0 to 60 days, the payment is $10,000
- If your notification period is 61 to 90 days, the payment is $5,500
- "ABC" can and will engage the services of a collection agency if payment is not received by the
employees resignation date. By signing this letter, you also consent to "ABC" or its affiliates
recovering all or part of this amount from any amounts owed to you, including salary and leave
encashment, to the extent permitted by applicable law. Any such recovery does not prejudice any
of "ABC"s other rights to recover remaining amounts owed by you.
- In addition, in the event you terminate your assignment or if your assignment is terminated for
cause by "ABC" India, "ABC" US or its affiliates within twelve (12) months of the later of relocating to
and starting work at a new job site for which "ABC" US provided any relocation expense
reimbursement to you or paid any relocation expense on your behalf (including, but not limited to,
expenses associated with relocating your possessions and/or your family and/or dependents), you
agree that you shall pay to "ABC" US the amount of any such relocation expense reimbursement
and/or any relocation expense paid by "ABC" US on your behalf. You hereby agree that this amount
may be deducted from any monies owed to you by "ABC" US at the time of your separation. Cause
includes, but is not limited to, breach of the Business Conduct Guidelines, neglect of duties, failure
to act in the best interests of "ABC" US or violation of rules, regulations or procedures established
by "ABC" US and its affiliates.
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