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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11910
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I am on L1b blanket visa pursuing to convert to H1B. A

Customer Question

I am on L1b blanket visa pursuing to convert to H1B. A contractor is willing to file my H1B. He has a clause in his agreement that if I leave his company within 18 months I ll have to pay business losses to him. It can go up to 25 grands. I want to know what is the legal validity of this clause?
Also my current employer is pursuing my green card. I wish to move to another division in my organization which is using my same skill sets as current. My job can be in the same location or different. Will that effect my visa and green card process?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

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It depends on what the terms "business losses" means. By law, he is not permitted to seek reimbursement for the cost of attorneys and filing fees for the H1B. But he is allowed to seek liquidated damages from you. So the validity of the clause is dependent on the definition or description of business losses.

As far as the green card or visa process being affected by your move, it depends on whether this is also a change that will occur once you get the green card. The I-140 and green card are for a future job offer. They are not dependent on what you are doing right now, in your current status, before the green card is issued.

Now when you ask if it will affect your visa process, what process is that - the change of status from L1 to H1B?

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