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

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!

Miami, FL -

Attorney Answers (4)

Tripti Sharad Sharma

Tripti Sharad Sharma

Immigration Attorney - Newark, CA
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
James Adrian Cueva

James Adrian Cueva

Employment / Labor Attorney - Miami, FL
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
F. J. Capriotti III

F. J. Capriotti III

Immigration Attorney - Portland, OR
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
Dean P Murray

Dean P Murray

Immigration Attorney - Hoboken, NJ
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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