Notice period required to change the employment

[SudhaPrabakar]

Very Urgent - Threat by the employer -Notice period required to change the employment

Hi,

I am employed with a big company in India.
I am in H1-B here on a temporary assignment.

On my employment in India, the agreement says that either party has to pay 3 months notice or 3 months salary for termintation.
Though I am here on the assignment, I am still paid in India (Basic, DA and other allowances). I get

My deputation letter states that
1. I have to return to India immediately after the assignment,
2. I agree to sign on necessary agreements.

I have signed and returned a copy of it before coming to US.
I am suppose to go to India to execute the project in another week time.

Now I prefer to switch to a new company here by transfering my H1.

My employer now says that as the company is a STP, the contractual agreement we made earlier holds good and I have to still pay 3 months notice.
And he is insisting me to go back to India as planned earlier.

How much notice period do I really need to give to the employer? Where am I really employed now India or US?

Any help on this highly appreciated.

Thanks in advance.

Sudha.