Travel after H1-b transfer approval

M

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 am waiting to get my H1-b transfer approval with another company B and I should be getting it within 10 days as it was filed under premium processing.
My company A has somehow come to know about this and are asking me to return to India and serve a 3 months notice period as per agreement.
I had intentionally not signed the this agreement before coming to US.

1) Does the agreement still hold if I have not signed it?

2) Can I travel back to India , serve 3 months notice period with company A once my H1-b transfer is approved and then travel back to US to join company B?

Any advice will be appreciated!
 
If you have not signed it, the agreement is not valid. Ignore company A. No need to travel to India just to comply with Company A's request.
 
I received a letter from a lawyer representing my company A saying I am breaching this contract. Can such agreement to return to base country to serve the notice period hold?
Is #2 still viable if I don't want to enter into any litigation with my previous company.
 
mt_999999 said:
I received a letter from a lawyer representing my company A saying I am breaching this contract. Can such agreement to return to base country to serve the notice period hold?
Is #2 still viable if I don't want to enter into any litigation with my previous company.
Click to expand...

You said you have not signed any contract. If that is true, the company A has no basis to send you letters. Simply ignore it and move on.

In any case, they cannot force you to return to your home country - you are a free individual and not a slave. If you have obtained a new H1, proceed with that employment.
 
mt_999999 said:
I received a letter from a lawyer representing my company A saying I am breaching this contract. Can such agreement to return to base country to serve the notice period hold?
Is #2 still viable if I don't want to enter into any litigation with my previous company.
Click to expand...
Ignore it or you can show the copy of agreement (that you have not signed) to your new company lawyer. A cant force you to leave the US. In India the employer A took your signature on blank paper and later typed it. when they took your signature on blank paper they told you that it was needed to file your H1 Petition papers in US
 
Last edited by a moderator:
You must log in or register to reply here.
Top