QUESTION
Is it possible for me to change my employer? Should I pay if I resign?
Asked on Apr 11th, 2013 on Labor and Employment - Texas
More details to this question:
I am in the United States with H1B. I just landed 3 weeks before to United States for the first time and my I-94 and petition is approved for the next 3 years. But my employer does not have right position for me. Is it possible for me to change the employer at this point of time? Also, my employer is asking me $10000 if I need to resign. I will get the reliving letter then. Should I pay?
3 ANSWERS
You probably should not pay. Your employer must provide you with the position described in h1b petition, if it never existed its a huge problem; if the situation changed and it stopped existing than the employer has to let you go, inform the USCiS about it as well.
Answered on Apr 12th, 2013 at 7:47 AM
I do not know anything about immigration law, and am unable to answer your question.
Answered on Apr 11th, 2013 at 10:36 PM
Bruce A. Coane
You can switch jobs if you get a new petition filed quickly. Moreover, it depends on what your contract says, but if you have a lawyer representing you, it would be rare for the employer to try to collect the re-pay money. If you were my client, I'd suggest not paying it.
Answered on Apr 11th, 2013 at 1:42 PM