Company Not Relieving me ! (On H1- B) What are the legal Implications ?

[sk2006]

Hello,

I am working for company A (MNC based in India). I was recruited at onsite and there was no agreement that I will be in India.

Recently they have changed the policy for all onsite associates regarding leaving the company, as to that One has to return back to India and only then resign from services after 2 month notice period.

This change is not in any of my letters (offer,hikes,etc).

Now, they are refusing to relieve or give me experience letter. What are the possible things I can do ?

I do not want to go back and come here. I have already accepted another offer & sent in my resignation.

What is the legal policy in India for leaving any company ? Is it 15 days or 2 months or more ??

Also is this valid for a person working on H1-B as he/she is working in US though company A's HQ is in INDIA.

What are the legal actions or points on my side that I can stand to prove in case there are enquires in future regarding my employment with this company ?

How will this impact GC Process ??

Please reply ASAP. This is very URGENT. Please....

ALL HELP IS APPRECIATED...

 

[great guru]

Hello,

I am working for company A (MNC based in India). I was recruited at onsite and there was no agreement that I will be in India.

Recently they have changed the policy for all onsite associates regarding leaving the company, as to that One has to return back to India and only then resign from services after 2 month notice period.

This change is not in any of my letters (offer,hikes,etc).
If you have not signed any agreement with this clause, you are not obligated to listen to their scrap policy
Now, they are refusing to relieve or give me experience letter. What are the possible things I can do ?
You do not need any experience letter, a letter from a collegue is sufficient to prove that you have worked for them and your pay stub or w2 will support it for any US jobs.
I do not want to go back and come here. I have already accepted another offer & sent in my resignation.

What is the legal policy in India for leaving any company ? Is it 15 days or 2 months or more ?? Unless you signed and agreed any term from employer, you are at your will to leave any company at any time any where in the world.

Also is this valid for a person working on H1-B as he/she is working in US though company A's HQ is in INDIA.
If you are not getting any pay check in US with proper pay roll deduction (SSN Federal/state tax) then only it is illegal on H1.
What are the legal actions or points on my side that I can stand to prove in case there are enquires in future regarding my employment with this company ?

How will this impact GC Process ?? No ,not at all

Please reply ASAP. This is very URGENT. Please....

Make sure that your new employer have your H1 approved and the approval notice comes with I 94. (If not your Indian company may cancell your H1 without your knowledge in this case you may have to leave the country immediately) If you have these documents in your hand and you did not sign any non-compete agreement and any adverse clause in your agreement, then you can just go and join new company. Your old company no need to relieve you at all.
ALL HELP IS APPRECIATED...

 

[ginnu]

I do not want to go back and come here. I have already accepted another offer & sent in my resignation.
-----------------did the new comany file H1 transfer? did the petition reached USCIS??? ask the new comany lawyer