Contract on H1B ???

[for_u_mihir]

Hi guys,

My emplyoer is willing to file an H1B application for me but want me to sign a contract with them for 1 year. Is it legal??

Please help me...

Thanks,

[knowledgeable]

Absolutely ...

... depending upon the terms of the contract. You'll need to study it carefully and decide whether to accept it or not.

United States and most states have limitations on the terms of contracts, but for you to find that out you'll need to consult an attorney.

As a thumb rule you can read the contract and see if it makes sense and nothing out of the ordinary is mentioned therein.

With more and more consultant employees ditching their employers and making them spend thousands of dollars that go down the drain, such contracts are not uncommon.

Good luck.

[for_u_mihir]

Well..... The funniest thing is my employer is not consultant.....I am in Aerospace industry.......and the thing is my OPT expires in May 08...they knew about it and they told me at the time when they hired me that I have to leave US when my OPT will expire and they will H1B for me and I can join them in Oct 08 again... (I have not any single document which shows that we had this conversation)...

Now they are telling me that if I will leave US for that gap period, they will not file H1B for me and if I will take admission in school and will work on CPT then they will file H1B for me with 1 year contract......

So is it still legal?? (Well as I told you I have not documents which shows we had a conversation that they will file H1 for me without any agreement!!!)...

Thanks again....

[knowledgeable]

Once again it ...

... depends upon the terms of the agreement. Since you don't have any written evidence of your past conversation, you should now communicate via e-mail which helps you build your proof.

Yes, it's legal in United States and courts do hold it as binding on both the parties who entered into the contracts.

You need to see if it's good for you. A year can go by easily and if this employment helps you for your future, go for it, if not then you do the math.

You can of course, also look for any other employers who may be able to sponsor your H1B. If that works out you're good.

Good luck.