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What is the notice period as per US law?
Anonymous2 views3 answers
Hi I am working in US with a valid H1B visa. I joined this company only 3 months back and I would like move out due to some personal reasons, should I serve notice period as in my offer letter or is there any generic number of days that I can serve which is sufficient enough? The project is coming to an end and I will move out only after completion of the project.
I do not wish to serve the entire number of days as in my offer letter so I am just looking for an alternative. Thank you.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
There is no notice requirement for quitting one's job, unless specified in the job contract, given that every job in the U.S. is considered to be "at will" unless so specified in a written agreement signed by both parties. As my colleague states, be cautious not to fall out of status by quitting your job without first having another H-1B employer who filed a new petition for you and whose employ you will enter, for that will force you to depart the U.S. or seek to change status to B-2 visitor prior to quitting.
There is no legal notice requirement. Employment is at-will unless you signed an employment contract which includes a notice provision.
Be careful to not fall out of status upon termination of your employment. For case specific advice please consult with an immigration attorney. Contact information is in avvo or at www.ailalawyer.com
It is not a question of US law. Employment is controlled by state law. Michigan, like most states are at-will states. In other words, unless you have an employment contract that states otherwise .. you can quit and they can fire you with NO NOTICE: http://en.wikipedia.org/wiki/At-will_employment
But, the minute you stop working there, your H visa becomes invalid and you must LEAVE THE US IMMEDIATELY.
