I am on H1B visa and changing job in usa itself.I got offer form 2 employer
Employer A Filed my H1B but I dont want to join them.
Yet H1 is not approved and got RFE and they sent me employment agreement.
Employment agreement mention that I will have to join them on 2nd of jan 2015.
1. If I sign the agreement, is it mandatory to join them?
I want to join employer B and they are going to file my H1B tomorrow.
2. If Employer A do not response to RFE will it affect Employer B petition?Below are some clauses I am suspicious about. A.Employee shall start working with the Employer on January 1, 2015 or upon the approval by the USCIS of the H-1B petition. B.Employee is willing to be employed by Employer. c.TERM/TERMINATION. Employee’s employment under this Agreement shall be for an unspecified term. Either party upon 30 days written notice may terminate this Agreement. If Employee is in violation of this Agreement, Employer may terminate employment with compensation to Employee only to the date of such termination. d.The Employer can at any time based on the client/project requirement might ask the Employee to relocate to India and work from their offshore facility. On such scenario the Employee and her spouse will be provided an air ticket to India
1. Yes, am afraid so, all things being equal and without being able to review all of the contract's clauses, otherwise you could be deemed to be in "breach" of the Agreement and required to "compensate" the employer for any "damages" suffered as a result of that "breach" on your part. Have a contracts lawyer review that agreement on your behalf before agreeing to sign anything.
2. Irrelevant. No effect whatsoever. Each the "A" and "B"'s petitions on your behalf are separate and distinct and each will either "sink" or "swim" based on its own merits, without any relation to the other.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
It really depends on the terms of the specific contract. Look it over, it may state the consequence of such a breach.
Contact Us: (248) 875-9770 or www.4visalaw.com This is general information and not legal advice. This communication does not create a lawyer-client relationship.
You can negotiate the start date if you wish. For your other question, some relevant dates are to be considered. It is best to consult with an attorney before you decide to join either employer.
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.
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