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H1-B-- validity of employment contract and notice period?

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  • H1-B-- validity of employment contract and notice period?

    Hi,
    I am on H1-B Visa and my present employer contract states that I need to provide 30 days notice period, or else I have to pay 25,000 in damages, Also I would like to mention my employer holds the privilege to terminate me at any time without giving me notice or reimbursing me,(to be fair this is very unethical), My employer is located in the state of California, Contra Costa county.

    my future employer have initiated my H1-B transfer process, on June 11 they provided my receipt number it is in regular H1-B transfer processing. I intend to join my new employer on July 1'st 2015.

    My question to you guys is, based on the contract condition mentioned above and state I live in (one sided contract)

    Q) do I need to serve my employer any type of notice before leaving ? Can my present employer can come after me to seek any liquidation damages.
    SALARY_DAY=(specific date on first week of every month)
    Q) If I do have to serve one month notice, can I serve the notice of resignation to my present employer after SALARY_DAY and start working for new employer from July 1'st 2015) ?) I mean to say, can i start working for new employer while serving one month notice period for my old employer.

    I have heard from other folks that my present employer is known to withhold employees pay, not that I witnessed it firsthand, that's the reason why I would like to quit after SALARY_DAY, Also I have noticed that the employer did not provide me any signed copy of contract and the date mentioned in the contract was 1 year from now(can this be considered technicality)

    I request to please provide me references for your source of information, I would like it to review it myself and then make a move.
    Last edited by vb8188; 06-17-2015, 07:45 PM. Reason: more questions.

  • #2
    Q) do I need to serve my employer any type of notice before leaving ? Can my present employer can come after me to seek any liquidation damages.
    SALARY_DAY=(specific date on first week of every month)
    >>> Can't comment on that without knowing what you have signed. Your best bet is to consult an attorney to review the signed contract.

    Q) If I do have to serve one month notice, can I serve the notice of resignation to my present employer after SALARY_DAY and start working for new employer from July 1'st 2015) ?) I mean to say, can i start working for new employer while serving one month notice period for my old employer.
    >>> You cannot work for two employers at the same time. If you get paid from two employer at the same time, you will end up in trouble.

    I have heard from other folks that my present employer is known to withhold employees pay, not that I witnessed it firsthand, that's the reason why I would like to quit after SALARY_DAY, Also I have noticed that the employer did not provide me any signed copy of contract and the date mentioned in the contract was 1 year from now(can this be considered technicality)
    >>> Well, why didn't you get a copy of what you signed. That was your right. Your employer cannot withheld the pay. If you worked for the employer, then they need to pay you. If not, you can file a complaint with DOL and make them pay.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hey Shervin143,
      I saw your response for this guy, http://www.immihelp.com/forum/archiv...p/t-85033.html,

      I wanted to know if I take extended leave from work, lets say for a month(deliberately giving them reason to fire me instead of myself resigning them) and join new employer on the basis of H1-B transfer receipt and after my transfer is approved give them resignation notice. Do you think my plan of action is technically correct or is it not correct?

      I know I won't be getting paid by my present company while I am on extended vacation, because this is "inner dynamics" of my present company is.


      Originally posted by shervin143 View Post
      Q) do I need to serve my employer any type of notice before leaving ? Can my present employer can come after me to seek any liquidation damages.
      SALARY_DAY=(specific date on first week of every month)
      >>> Can't comment on that without knowing what you have signed. Your best bet is to consult an attorney to review the signed contract.

      Q) If I do have to serve one month notice, can I serve the notice of resignation to my present employer after SALARY_DAY and start working for new employer from July 1'st 2015) ?) I mean to say, can i start working for new employer while serving one month notice period for my old employer.
      >>> You cannot work for two employers at the same time. If you get paid from two employer at the same time, you will end up in trouble.

      I have heard from other folks that my present employer is known to withhold employees pay, not that I witnessed it firsthand, that's the reason why I would like to quit after SALARY_DAY, Also I have noticed that the employer did not provide me any signed copy of contract and the date mentioned in the contract was 1 year from now(can this be considered technicality)
      >>> Well, why didn't you get a copy of what you signed. That was your right. Your employer cannot withheld the pay. If you worked for the employer, then they need to pay you. If not, you can file a complaint with DOL and make them pay.
      https://www.immihelp.com/h1b-visa-em...int-procedure/

      Comment


      • #4
        For USCIS, if you stay in U.S in H1B status and if you don't have payslips (doesn't matter whether you were on vacation or out of job), they will consider that as out of status. For any reason if Employer A also generates a payslip while you are working for employer B, then it can cause issues. You are allowed to join the new employer based on the receipt notice.

        You can join the new employer on the basis of receipt notice. In case of denial, your employment with the new employer will become an issue as it is not authorized.

        Originally posted by vb8188 View Post
        Hey Shervin143,
        I saw your response for this guy, http://www.immihelp.com/forum/archiv...p/t-85033.html,

        I wanted to know if I take extended leave from work, lets say for a month(deliberately giving them reason to fire me instead of myself resigning them) and join new employer on the basis of H1-B transfer receipt and after my transfer is approved give them resignation notice. Do you think my plan of action is technically correct or is it not correct?

        I know I won't be getting paid by my present company while I am on extended vacation, because this is "inner dynamics" of my present company is.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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