H1 Transfer and Current Employer

[munna]

My question involves employment and labor law for the state of:

I have a valid H1B visa and going to transfer my to a new employer, but my current employer has a termination policy say if decide to terminate the employment with them while I’m in USA (working on a project), then i have to return back to my country to server 2 months notice period. Do i really need to do this or i can just transfer my H1 to new employer? is there any law action that my current employer can take against me for not serving the notice period as their policy?

[Mr. Knowitall]

Your employer's policy is not USCIS policy. I doubt that any penalty associated with such a provision would be legally enforceable. It sounds like what they're trying to do is to put you out of status the moment you give notice, to make it more difficult for you to produce paystubs or otherwise avoid going out of status before your new job starts. Neither the USCIS nor the Department of Labor care if your employer has a contract with penalty clauses or notice requirements - in terms of employment they only care that you are in status, that your employer has labor certification, and that you're qualified for the position that you are offered.