I started working on H1-B from October 1,2014. I had signed an offer letter when I was in South Carolina with my H1-B sponsor that I'll be working with him for at least 2 years but now I've got a full time opportunity with another employer who wants to do H1-B transfer. I need to know if any legal action can be taken by my current employer for not spending 2 years working with him?
Here is the clause from the offer letter:
You accept that it would be a huge loss for the company in case of early resignation/termination of employment or breach of any provisions of this agreement with the company for at least 24 months from your date of joining. You will be liable to pay for the project loss and/or any/all damages occurred due to breach of the above conditions
The answer depends on other factors whether your employer can sue you for damages for breaking your contract. Consult with an attorney.
This is not an immigration question but related to contracts.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Speak with an attorney that works with employment contracts. This is not an immigration issue.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Arguably yes. You and employers are allowed to enter into minimum-commitment contracts like this. It would depend on a lot of factors. You need to speak with an employment attorney in much more detail.
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