How much notice period on L1 visa when employee resigns?

[AGTNU19]

Hello,

I am from India and currently on deputation in US for last few months on L1 visa. If I need to resign, what is the minimum legal notice period requirement ?

Is 2 weeks notice applies to employees on visa also (who came from outside US) or only for direct hires in US ?

Can the employer hold an employee in US based on the appointment letter clause of 2 months notice mentioned in the offer letter given in India ?

Thanks in advance

[krypton9591]

Hello,

I am from India and currently on deputation in US for last few months on L1 visa. If I need to resign, what is the minimum legal notice period requirement ?

Is 2 weeks notice applies to employees on visa also (who came from outside US) or only for direct hires in US ?

Can the employer hold an employee in US based on the appointment letter clause of 2 months notice mentioned in the offer letter given in India ?

Thanks in advance

Every state has different rules when it comes to resigning from a job. it also depends on whether it is a contract or non contract job. However from what it sounds like if there is a clause in the offer letter of 2 months then that is probably the minimum time-frame of when you are able to resign. If it is an extenuating circumstance then you might attempt to speak to your employer and see if an exception can be made. Otherwise speak to an attorney that specializes in job situations such as your own and see what options you may or may not have. Best of Luck to you and keep us updated.

[inadmissible]

This is a state specific issue. In my state, for example, you can resign without any notice, but you also can be fired without any notice

[AGTNU19]

Every state has different rules when it comes to resigning from a job. it also depends on whether it is a contract or non contract job. However from what it sounds like if there is a clause in the offer letter of 2 months then that is probably the minimum time-frame of when you are able to resign. If it is an extenuating circumstance then you might attempt to speak to your employer and see if an exception can be made. Otherwise speak to an attorney that specializes in job situations such as your own and see what options you may or may not have. Best of Luck to you and keep us updated.

I am full time employee (not contract) hired in India and as per clause I am deputed to US on assignment. Once my assignment ends, I need to go back to India. I was thinking that while in US (even though on visa), US employment law of 2 weeks courtesy notice would apply irrespective of state. Is there any link of government, USCIS site, I could check ?

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This is a state specific issue. In my state, for example, you can resign without any notice, but you also can be fired without any notice

Isn't employment law standard across US. Please let me know if any link ?

[newacct]

I am full time employee (not contract) hired in India and as per clause I am deputed to US on assignment. Once my assignment ends, I need to go back to India. I was thinking that while in US (even though on visa), US employment law of 2 weeks courtesy notice would apply irrespective of state. Is there any link of government, USCIS site, I could check ?

- - - Updated - - -



Isn't employment law standard across US. Please let me know if any link ?

Employment laws are different for each state. But for every state in the US, the default is that either the employer or employee can terminate employment at any time for any reason or no reason (i.e. an employer can fire an employee at any time for any reason or no reason, as long as it's not one of the few prohibited types of discrimination; and conversely the employee can quit at any time for any reason or no reason), unless a contract specifically says otherwise (e.g. a union agreement or something).

[krypton9591]

I am full time employee (not contract) hired in India and as per clause I am deputed to US on assignment. Once my assignment ends, I need to go back to India. I was thinking that while in US (even though on visa), US employment law of 2 weeks courtesy notice would apply irrespective of state. Is there any link of government, USCIS site, I could check ?

- - - Updated - - -



Isn't employment law standard across US. Please let me know if any link ?

employment law is most certainly not standard across the US. the only thing that is the the Federal minimum wage. for instance in Texas you can get up in the middle of a shift at work walk out the door while saying you quit and it's considered giving notice because you said you quit while you were walking out. Also In Texas employers are not required to give meal breaks or breaks at all. other states are such as Arkansas, Missouri etc.. are required to give meal breaks. The laws vary depending on the state except for the federally mandated minimum wage.

[AGTNU19]

Employment laws are different for each state. But for every state in the US, the default is that either the employer or employee can terminate employment at any time for any reason or no reason (i.e. an employer can fire an employee at any time for any reason or no reason, as long as it's not one of the few prohibited types of discrimination; and conversely the employee can quit at any time for any reason or no reason), unless a contract specifically says otherwise (e.g. a union agreement or something).

Thanks. Regarding notice period for both employer and employee perspective, there is no as such need but 2 weeks is courtesy notice ?

[inadmissible]

US employment law of 2 weeks courtesy notice would apply irrespective of state

There is no such thing as a "US employment law of 2 weeks notice". Courtesy is just that. Enforceability of employment contracts vary from state to state, and the terms that can be enforced vary as well.

Isn't employment law standard across US. Please let me know if any link?

No it is not. It is state specific. I don't know what state you're in. As I suggested before, consult with a labor/employment attorney that practices in your state

[appuchan]

As far as i know, there are no Federal government laws in US governing or mandating notice periods. It is typically governed by the specific contract you have signed with your employer. please note that you will be out of status the moment you quit the job on L1 visa as it is not transferable.

Here is a link that may help,



The following wikepedia link talks about the law as it exists now.

[newacct]

please note that you will be out of status the moment you quit the job on L1 visa as it is not transferable.

They will remain in status for 60 days after quitting as long as their I-94 doesn't expire sooner.