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  1. #1
    Join Date
    Apr 2008
    Posts
    4

    Default H1 Transfer, Bench Period And Notice

    I came to US through company A on H-1B visa. I finished one project with them and currently on bench. They are paying me on bench. As per the employment agreement, I am supposed to give them a 15 days notice. Already they are holding more than 15 days salary.

    Now I got an offer from company B and have applied for H-1B transfer. However I have not informed company A about this offer since I am yet to get the new petition number. I am planning to start working immediately with company B and inform company A that I will be quitting shortly (may be after I get the new petition number).

    Is there any legal issues in my approach? The only reason I am doing this is because company A could not get me a project for more than one month.

    Your suggestion is appreciated!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1 Transfer, Bench Period And Notice

    Do you have a written contract with your employer detailing the terms and conditions of your leaving their employment? If so, your "legal issues" are what you agreed to in that contract.

    When there is no agreement to the contrary, and an oral understanding that you'll give fifteen days notice is not the same thing, quitting without notice is considered rude and can get you a bad reference at a later date, but it's an employee's right.

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