What could happen if I break a contract under H1B visa but the contract doesn't state penalties if broken

Asked almost 2 years ago - Miami, FL

Hello, currently I'm working under an H1B visa. I signed a contract for 2 yrs of employment. The contract doesn't state ANYTHING about visa costs or to what I'm entitled if I break the contract. My question is... If the contract doesn't state the penalties of breaking the contract, what's the worst they could do to me if I decide to break it? Important to note that I would be breaking the contract because I would be moving to another state or out of the country. Thanks!

Attorney answers (4)

  1. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . This question overlaps with labor laws and contracts. From immigration point of view, there are no immigration violations if you wish to terminate a bona fide H-1B employment. You will have to ensure you maintain status after termination or leave the U.S. It is considered "at-will" employment and the employer is required to pay the filing fees. Read your employment contract carefully, and consult will an experience attorney to see if your employer can claim damages due to an untimely termination, if there are any termination notice requirements, etc. based on contractual obligations.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  2. James Adrian Cueva

    Contributor Level 13

    Answered . Agree with the other answers here. You have at least two issues. One being the immigration question. If you are here on an H1B you will need another employer to sponsor your H1B to maintain your status.

    As far as the contract is concerned, you should have it reviewed by an attorney, but if the contract is silent as to penalties and liquidated damages, you may not have any liability for terminating your employment early.

    The information on this website is provided as a service to the public. While the information on this site deals... more
  3. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Talk to an employment/labor lawyer ... this isn't an immigration question.

    Keep in mind that, if you quit, there is no grace period and you need to leave the US immediately ... or have another visa.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Dean P Murray

    Contributor Level 18

    Answered . This is not an immigration question. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more

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H1B speciality occupation visa

If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

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