Employer forcing not to resign at onsite for all onsite deputed employees L1 H1

[sanjayk81]

Hi,

This month my employer changed the onsite deputation policy saying that any employee deputed onsite can't resign at onsite. Employee has to come back to India & policies will be applicable as per offshore policies like 2 or 3 month notice period.

Just wanted to check with you if it is right as per US laws.

Thanks

[kabkaba]

Unless you have signed a contract requiring any such thing and unless that contract is enforceable in the US, you can always quit at will. But, in order to remain in the US you must have applied for change of status before last day of work. Otherwise, you will be out of status. The employer can withhold formalities such as experience letter etc., but if required that can be fulfilled by letters from your colleagues certifying your experience.

[raghvi]

Unless you have signed a contract requiring any such thing and unless that contract is enforceable in the US, you can always quit at will. But, in order to remain in the US you must have applied for change of status before last day of work. Otherwise, you will be out of status. The employer can withhold formalities such as experience letter etc., but if required that can be fulfilled by letters from your colleagues certifying your experience.

Technically, on an L1 you are still a non US employee deputed to US for a particular requirement/skillset, In my opinion you would still be governed by the Labor policies of the original place of employment outside US which filed the petition in the first place. And if its the company policy, I doubt USCIS can do much about that unless they are grossly misusing DOL guidelines and you have a way of proving the same.
As Kabkaba mentioned before last working date ensure you have filed for a COS to another valid status otherwise you would be out of status.

This is my opinion not legal advice.