resignation need relocation to india - urgent

M

MrSplash

New Member
I was on L1 since 2002 and my status changed to H1 since Oct, 2006. All this time and now I am with same employer.

Now I have got a fulltime job offer in US and hence I have submitted my resignation to my current employer. Now my current employer insists to relocate to India and serve a 2 month notice period in India to relieve me. And if i go to India i have to go for stamping and all those things follow. Is there anything in INS/H1 guidelines that can protect me against this situation?

thanks
 
MrSplash said:
I was on L1 since 2002 and my status changed to H1 since Oct, 2006. All this time and now I am with same employer.
-----------------at this time you are on H1 status if H1 was filed change from L1
Now I have got a fulltime job offer in US and hence I have submitted my resignation to my current employer.
---------- are you not in US??? you need to provide your full details, if you are on H1 and in US and you want to resign, you can do it
Now my current employer insists to relocate to India and serve a 2 month notice period in India to relieve me.
---- if you are on H1 and you are working for H1 employer and want to resign and he says that relocate to India and then resign then it simply means that the day you go out he may revoke your H1(but if H1 transfer filed by other employer you can stay in US and can work for new employer) You did not provide enough details
And if i go to India i have to go for stamping and all those things follow. Is there anything in INS/H1 guidelines that can protect me against this situation?
thanks
Click to expand...

You came to US on ...... date... for employer A on L1
filed L1 to H1 COS through employer A or B?
at present working with employer A or B on H1?
what you want to do now???
provide other full details of your situation
 
I came on L1 thru employer A.
Employer A itslef applied COS to H1, which is valid from 1st Oct,2006
So, as of now I am with employer A on H1.

Now emploer A says if i want to resign, i have to relocate to India and then resign.

how can i avoid traveling to india. Is there any clause in INS/labor guidelines which can help me defend myself.
 
How you should resign is up to contract between you and employer and is not immigration matter.
 
A contract in India is not valid in the US

If you are on H1 and have no contract or condition in the US then you can leave the company and they cannot take any action...
 
mamamiax said:
If you are on H1 and have no contract or condition in the US then you can leave the company and they cannot take any action...
Click to expand...

Under a very very slim chance, company in India can take action - for breach of contract. However it will not affect your immigration status, moreover Indian company can only claim monetary damages. However further information required. Did you get paid both in US as well as in India during your L1 period (I do not think so).

Almost in all certainity, the company A in India and here are legally disjoint entity, so when you came here on L1, you most probably ceased to be employed by the Indian concern. Furthermore, in almost all probablity, since you were not on Indian concern's payroll all these years, the employer-employee relation has ceased to exist long ago (and wilfully by both sides - your Indian company did not object to you leaving then). Therefore no judge worth his salt will allow for a breach of contract claim this late.

However, if the two concerns are not disjoint etc. etc, and they are joined at the hip, then you will have to respond to your contractual obligations, failing which the judge can at most direct you to pay some monetary damages (if the damages were agreed upon previously, then you have to pay all the amount. Otherwise, the judge will make a determination).
 
All right guys, I have decided to travel back to India to complete my exit formalities with company A. Because if i just quit i might loose some stocks etc I have, and I don't want to have future complications. Thanks all of your for your valuable suggestions on this subject.

Here is some more information i need on this.

As I have the H1 from Company A(which i am goint to leave), now to join company B what I better do/get before leaving USA and before going for VISA stamping in India.

Can I transfer(and receive approval) my emp. A's H1 to emp.B? before leaving USA and leaving company A. And still be valid to work for emp.A till I leave USA?

And can I go to VISA interview on the transferred H1 for emp. B?

Thanks.
 
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