I have been selected for h1b but received an RFE which will delay the process for at least another two months. In the meanwhile, I am not happy at my current workplace and have been thinking of quitting for a few months. I have some personal circumstances that also make me want to return closer to home.
I am hoping for some advice and clarity on the legalities of leaving an employer when h1b is pending. I am aware of a payback clause in my handbook, but this refers explicitly to h1b holders and so am wondering if the employee leaves the country and does not switch to another US employer while the h1b is pending if things are different? I work at a small firm, and am also curious as to if there is flexibility and they may not charge me depending on my situation.
If anyone also has any advice on how to approach the situation - that would be great.
Thank you in advance.