Employment agreement to return India on termination on H1-B

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mt_999999

Registered Users (C)
I have a H1-b visa sponsored from company A and its valid till Oct 2013 and my I-94 is also valid till the same date. I had signed a agreement which says the following
"Your employment with the company cannot be terminated while you are in USA. If you wish to terminate your employment with the company, you are required to return to India and provide a notice period of 3 months"
I have already got my H1-b transfer approval with another company B. When I told my employer about quitting they threatened me and sent me a letter from lawyer stating this as a breach of contract. Can my company enforce me to return to my home country?
 
mt_999999 said:
I have a H1-b visa sponsored from company A and its valid till Oct 2013 and my I-94 is also valid till the same date.

I had signed a agreement
------When and Where did you signed the agreement? In India before they filed your H1 petition or you signed when you reached US? Explain the reason why did you left the Employer A. Did he pay you once you came to US? did he pay you your Air ticket money from your home county to US?
which says the following
"Your employment with the company cannot be terminated while you are in USA. If you wish to terminate your employment with the company, you are required to return to India and provide a notice period of 3 months"
--Why only return to India? why cant person go to UK? why not to Lanka, why not to Nepal?
I have already got my H1-b transfer approval with another company B. When I told my employer about quitting they threatened me and sent me a letter from lawyer stating this as a breach of contract.
Can my company enforce me to return to my home country?
--- Company A can not force you to return to your home country. you have Company B H1 approval with you.
Click to expand...
just inform your company B lawyer and he can take care of A.
 
Thanks for the reply. See my response to your question below

#1 I had signed it after my h1 approval in India . I am planning to leave company A as I have got a better job offer from company B.
#2 I was asked to go back to India as it's my home country.
 
mt_999999 said:
Thanks for the reply. See my response to your question below

#1 I had signed it after my h1 approval in India . I am planning to leave company A as I have got a better job offer from company B.
-------Join Company B and don't pay any attention to what A says or A sends letters,don't reply his emails.
#2 I was asked to go back to India as it's my home country.
-------- No need to go to India because of A. Don't pay any attention to A. You have H1 approval of B and join employer B.
Click to expand...
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