My question involves labor and employment law for the state of: New Jersey
Hi,
My name is Shaf and I'm from India.
I have a question and was hoping and appreciate if you can answer me on that.
I came here to US in the month of October 2014 on deputation on H1 Visa, and as all corporate from India make you to sign the bond of $10,000 if you leave them
without giving 90 days written notice and one month notice after completing one year here in US.
I know that probably employer bonds are not valid in US. And under any circumstances I cannot be in position to provide them three months’ notice period because
(1)They will either ask me to return to India and also no outside employer would wait for 90 days,
(2)They don’t have any intentions to keep me here for one year so that I come under umbrella of being eligible for one month notice period.
But I can afford to give them 15 days of time as per US laws (which I am hoping is off 15 days).
I have been associated with this organization from last 8 years in India (XX Pvt Ltd) and few months in US (XX Inc).
If I don’t adhere to the above agreement they will hold my overall experience letter/ employment tenure certificate, which I would be needing anytime in future for any employer in India.
The Important points and questions where I need your assistance are;
(1) Would I be legally able to achieve my experience certificate of (8 years Indian + X Months US) experience certificate from them if I hire and take valuable assistance from a lawyer like you?
(2) what all documents and proof you would be needing to achieve these letters legally here in US?
Your prompt and clear reply would be appreciated, since this is the matter of my career and my family who all being provided by the same.
Thanks
Shaf
Hi,
My name is Shaf and I'm from India.
I have a question and was hoping and appreciate if you can answer me on that.
I came here to US in the month of October 2014 on deputation on H1 Visa, and as all corporate from India make you to sign the bond of $10,000 if you leave them
without giving 90 days written notice and one month notice after completing one year here in US.
I know that probably employer bonds are not valid in US. And under any circumstances I cannot be in position to provide them three months’ notice period because
(1)They will either ask me to return to India and also no outside employer would wait for 90 days,
(2)They don’t have any intentions to keep me here for one year so that I come under umbrella of being eligible for one month notice period.
But I can afford to give them 15 days of time as per US laws (which I am hoping is off 15 days).
I have been associated with this organization from last 8 years in India (XX Pvt Ltd) and few months in US (XX Inc).
If I don’t adhere to the above agreement they will hold my overall experience letter/ employment tenure certificate, which I would be needing anytime in future for any employer in India.
The Important points and questions where I need your assistance are;
(1) Would I be legally able to achieve my experience certificate of (8 years Indian + X Months US) experience certificate from them if I hire and take valuable assistance from a lawyer like you?
(2) what all documents and proof you would be needing to achieve these letters legally here in US?
Your prompt and clear reply would be appreciated, since this is the matter of my career and my family who all being provided by the same.
Thanks
Shaf
H Visas: Employer Charges for an H1B Employee Who Quits Without Giving 90 Days Notice
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